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IRRIGATION 


AND 


WATER  RIGHTS 


THE  NEW  LAW 

As  Amended  by  the  Eleventh  Session  of  the 
Legislature  of  the  State  of  Utah 


1915 


STAR  PRINTING  COMPANY 

SALT  LAKE       11 


IRRIGATION 

AND 

WATER  RIGHTS 


THE  NEW  LAW 

As  Amended  by  the  Eleventh  Session  of  the 
Legislature  of  the  State  of  Utah 


1915 


STAR  PRINTING  COMPANY 

SALT  LAKE   CITY 


.  25" 


TTTIJE    40. 

IRRIGATION  AND  WATER  RIGHTS 


CHAPTER  1. 
State  Engineer.     Water  Rights  on  Streams,  Etc. 

Section  1261.  Office  of  State  Engineer  created.  Powers  and 
duties.  There  shall  be  a  State  Engineer,  who  shall  be  appointed 
by  the  Governor  of  the  State  to  be  confirmed  by  the  Senate.  He 
shall  hold  his  office  for  the  term  of  four  years  and  until  his  suc- 
cessor shall  have  been  appointed  and  qualified.  He  shall  have 
general  supervision  of  the  waters  of  the  State  and  of  their  meas- 
urement, apportionment  and  appropriation,  and  of  all  division 
superintendents  and  district  supervisors.  He  shall  have  power 
to  make  and  publish  such  rules  and  regulations  as  he  may  deem 
necessary  from  time  to  time  to  fully  carry  out  the  provisions  of 
this  title  and  secure  the  equitable  and  fair  apportionment  of  the 
water  according  to  the  respective  rights  of  appropriators.  No 
person  shall  be  appointed  to  the  office  of  State  Engineer  who  has 
not  such  theoretical  knowledge  and  practical  experience  and  skill 
as  shall  fit  him  for  the  position.  R.  S.  '98,  Sec.  2451;  '01,  p.  141; 
'03,  p.  88;  '05,  p.  145. 

1262.  Salary  and  allowances.  The  State  Engineer  shall  re- 
ceive a  salary  of  three  thousand  dollars  per  annum,  payable  in 
quarterly  installments  by  the  State  Treasurer  upon  warrants 
drawn  by  the  State  Auditor.  When  the  State  Engineer  is  called 
away  from  his  office  on  official  business,  he  shall  be  entitled  to 
his  actual  traveling  expenses,  which  shall  be  paid  out  of  any 
money  appropriated  for  that  purpose,  on  the  certificate  of  said 
State  Engineer,  approved  by  the  State  Board  of  Examiners. 
R.  S.  '98,  Sec.  2451;  '01  pp.  142,  143;  '03,  p.  89;  '05,  p.  145. 


4 

1263.  Office  at  Capital.     The  State  Engineer  shall  keep  his 
office  at  the  State  capital.     R.  S.  '98,  Sec.  2451;   '01,  p.  142;  '03, 
p.  89;  '05,  p.  146. 

1264.  Oath  and  bond.     Before  entering  upon  the  duties  of 
his  office,  the  State  Engineer  shall  take  and  subscribe  an  oath 
before  some  officer  authorized  by  the  laws  of  the  State  to  admin- 
ister oaths,  to  faithfully  perform  the  duties  of  his  office.     He 
shall  file  with  the  Secretary  of  State  said  oath  and  his  official 
bond  in  the  penal  sum  of  five  thousand  dollars,  with  not  less 
than  two  sureties,  to  be  approved  by  the  State  Board  of  Exam- 
iners, and  conditioned  for  the  faithful  discharge  of  the  duties  of 
his  office,  and  for  the  delivery  to  his  successor  or  other  officer 
appointed  by  the  Governor  to  receive  the  same,  of  all  moneys, 
books  and  other  property  belonging  to  the   State  then  in  his 
hands  or  under  his  control,  or  with  which  he  may  be  legally 
chargeable  as  such  officer.     R.  S.  '98,  Sec.  2451;  '01,  p.  142;  '03, 
p.  89;   '05,  p.  146. 

1265.  Report  to  Governor.     The  State  Engineer  shall  pre- 
pare and  render  to  the  Governor  biennially,  and  oftener  if  re- 
quired, full  and  true  reports  of  his  work  relating  to  the  matters 
and  duties  devolving  upon  him  by  virtue  of  his  office,  which 
biennial  report  shall  be  delivered  to  the  Governor  on  or  before 
the  31st  day  of  December  of  the  year  preceding  the  regular  ses- 
sion of  the  Legislature.     He  shall  become  conversant  with  the 
waterways  of  the  State,  and  its  needs  as  to  irrigation  matters, 
and  in  his  reports  to  the  Governor  he  shall  make  such  sugges- 
tions as  to  the  amendment  of  existing  laws  or  the  enactment  of 
new  laws  as  his  information  and  experience  shall  suggest.     He 
shall  keep  on  file  in  his  office  full  and  proper  records  of  his 
work,  including  all  field  notes,  computations,  and  facts  made  or 
collected  by  him,  all  of  which  shall  be  duly  certified  by  him,  and 
be  part  of  the  records  of  his  office  and  the  property  of  the  State. 
All  records,  maps,  and  other  papers  recorded  and  filed  in  the 
office  of  the  State  Engineer  shall  be  open  to  the  public  during 
business  hours,  and  copies  thereof,  certified  by  said  engineer, 
shall  be  furnished  on  payment  of  the  fees  provided  for  by  Sec- 
tion 970x.     R.  S.  '98,  Sec.  2458;  '01,  p.  143;  '03,  p.  89;  '05,  p.  146. 

1266.  Duties  of  engineer.  May  be  co-operative  with  Na- 
tional Government.  The  State  Engineer  shall  make  a  complete 
hydrographic  survey  of  each  river  system  and  water  source  of 
the  State,  beginning  such  work  upon  those  streams  and  sources 


which  are  most  used  for  irrigation,  and  from  the  data  so  obtained 
the  State  Engineer  shall  construct  maps,  which  shall  exhibit  the 
essential  facts  relating  to  the  supply,  diversion,  and  use  of  the 
water  of  each  of  such  river  systems  or  water  sources.  He  shall 
also  collect  such  other  facts  as  will,  in  his  judgment,  aid  in 
ascertaining  the  existing  rights  to  the  use  of  the  water  and  in 
determining  the  volume  of  the  surplus  or  unappropriated  water, 
if  any,  of  each  of  such  streams  or  sources.  He  shall  have  general 
supervision  of  the  appropriation  of  all  surplus  or  unappropriated 
water  in  the  manner  provided  by  law.  Said  surveys  and  collec- 
tions of  facts  shall  include  the  location  of  all  suitable  sites  for 
dams  and  reservoirs,  and  a  determination  of  the  approximate 
capacity  and  cost  of  each.  In  doing  such  work,  the  State  Engineer 
may  co-operate  with  the  agencies  of  the  National  Government 
engaged  in  similar  work  within  the  State,  for  the  purpose  of 
interchanging  information  and  avoiding  the  unnecessary  duplica- 
tion of  work.  The  State  Engineer  shall  have  a  seal  which  he 
shall  affix  to  all  certificates  issued  from  his  office.  R.  S.  '98,  Sec. 
2452;  '01,  p.  142;  '03,  p.  89;  '05,  p.  146. 

1267.  Id.     Notice    to    be    given.     Before    commencing    the 
hydrographic  survey  of  any  river  system  or  water  source,  the 
State  Engineer  shall  cause  notice  to  be  published  in  some  news- 
paper having  general  circulation  on  said  river  system  or  water 
source,  stating  the  time  and  place  of  beginning  said  survey,  and 
said  notice  shall  be  published  continuously  in  said  newspaper  for 
a  period  of  not  less  than  fifteen  days  immediately  prior  to  the 
commencement  of  said  work.    '03,  p.  90;  '05,  p.  147. 

1268.  Must  examine   plans  of  dams  exceeding  five  feet   in 
height,  and  inspect  dams.     Duplicate  plans,  drawings,  and  speci- 
fications for  any  dam  above  five  feet  in  height,  across  the  natural 
channel  of  a  running  stream,  or  of  any  other  dam  intended  to 
retain  water  above  ten  feet  in  height,  shall  be  submitted  to  the 
State  Engineer  for  his  approval,  who  shall  examine  such  plans, 
drawings,  and  specifications,  and,  if  he  approves  the  same,  he 
shall  return  one  copy  of  each  such  plans,  drawings,  and  speci- 
fications, with  his  approval,  to  the  party  or  parties  submitting 
the  same,  and  file  the  other  in  his  office.    If  the  State  Engineer 
disapproves  any  of  such  plans,  drawings,  or  specifications,  he 
shall  return  the  same,  with  his  reasons  for  such  disapproval. 
The  State  Engineer  shall  have  authority  to  keep  an  inspector  on 


any  such  dam  during  the  construction  thereof,  and  to  see  that 
the  work  is  done  in  accordance  with  the  plans,  drawings,  and 
specifications,  and  the  State  Engineer  may  require  the  parties 
constructing  the  same  to  make  any  additions  or  alterations  during 
the  construction  which  he  considers  necessary  for  the  security 
of  the  work,  the  safety  of  persons,  or  the  protection  of  property. 
Any  person,  corporation,  or  association  beginning  the  construc- 
tion of  any  such  dam  before  the  plans,  drawings,  and  specifica- 
tions shall  have  been  submitted  to  and  approved  by  the  State 
Engineer,  or  proceeding  with  such  work  in  the  absence  of  an 
inspector  appointed  by  the  said  engineer,  or  who  shall  fail  to 
comply  with  any  of  the  requirements  made  by  him  in  pursuance 
of  this  section,  shall  be  guilty  of  a  misdemeanor.  R.  S.  '98,  Sec. 
2453;  '01,  p.  146;  '03,  p.  90;  '05,  p.  147. 

1269.  Id.     Dam  or  works  examined,  when.     Should  any  per- 
son, corporation,  or  association  residing  on  or  owning  land  in  the 
neighborhood  of  any  completed  dam  or  diverting  works,  apply  to 
the  State  Engineer  in  writing,  requesting  an  examination  of  such 
dam  or  works,  the  State  Engineer  may  order  an  examination 
thereof.    Before  doing  so,  he  may  require  the  applicant  for  such 
examination  to  deposit  a  sum  of  money  sufficient  to  pay  the 
expenses  of  the  examination,  and  in  case  the  application  appears 
to  him  not  to  have  been  justified,  he  may  cause  the  whole  or 
part  of  such  expense  to  be  paid  out  of  such  deposit.     In  case  the 
request  appears  to  the  State  Engineer  to  have  been  justified,  he 
may  require  the  owner  of  the  works  to  pay  the  whole  or  any 
part  of  the  expenses  of  such  examination.     R.  S.  '98,  Sec.  2456; 
'01,  p.  146;  '03,  p.  90;  '05,  p.  148. 

1270.  Id.     May  inspect  ditches,  etc.,  and  require  alteration. 
The  State  Engineer  shall  have  authority  to  examine  and  inspect, 
during  construction,  any  ditch  or  other  diverting  works,  and,  at 
the  time  of  such  inspection,  he  may  order  the  parties  construct- 
ing the  same  to  make  any  addition  or  alteration  which  he  con- 
siders necessary  for  the  security  of  such  works,  the  safety  of 
persons,  or  the  protection  of  property.    Any  person  refusing  or 
neglecting  to  comply  with  such  requirements  of  the  State  En- 
gineer shall  be  guilty  of  a  misdemeanor.    But  the  provisions  of 
section*  1268-1270  shall  not  apply  to  works  constructed  by  the 
National  Government.     '03,  p.  91;  '05,  p.  148. 

1271.  State    Engineer   to   bring    action   to    determine   water 
rights;    jurisdiction  of  District  Court.     When  the  State  Engineer 


has  completed  the  hydrographic  survey  of  any  river  system  or 
water  source,  he  shall  file  a  written  statement  with  the  clerk  of 
the  district  court  of  the  county  in  which  the  same  is  situated, 
or  if  the  system  or  source  extends  into  more  than  one  county, 
the  statement  should  be  filed  in  any  county  which  embraces  any 
part  of  such  river  system  or  water  source  that  the  State  Engi- 
neer shall  select  as  most  convenient  for  the  water  users  of  the 
system  or  source.  Said  statement  shall  set  forth  the  fact  of  the 
completion  of  such  survey,  the  names  and  postoffice  addresses  of 
all  persons,  corporations,  and  associations  using  water  of  said 
river  system  or  water  source,  so  far  as  the  same  are  known  to 
the  State  Engineer,  and  shall  contain  such  other  facts  and  infor- 
mation as  he  may  deem  necessary.  On  the  filing  of  such  state- 
ment, the  district  court  in  the  county  where  the  same  is  filed 
shall  have  exclusive  jurisdiction  to  determine  all  water  rights  on 
said  river  system  or  water  source,  in  accordance  with  the  pro- 
visions of  this  Title.  '01,  p.  143;  '03,  p.  91;  '05,  p.  148. 

1272.  Id.     Notice  to  be  given  to  claimants  to  file  statements. 
Within  thirty  days  after  the  filing  of  the  statement  mentioned 
in  the  next  preceding  section,  the  clerk  of  the  court  in  which 
the  same  shall  be  filed  must  give  public  notice  that  all  persons 
claiming  the  right  to  the  use  of  any  water  of  said  river  system 
or  water  source  must  file  a  written  statement  with  the  clerk  of 
said  court,  within  six  months  after  the  first  publication  of  said 
notice,  setting  forth  their  respective  claims  to  the  use  of  such 
water,  which  notice  shall  be  published  at  least  once  a  week  for 
three  successive  months  in  some  newspaper  printed  and  pub- 
lished within  the  boundaries  of  said  river  system  or  water  source 
and  having  a  general  circulation  therein;    or,  if  there  be  no  such 
newspaper,  then  it  shall  be  published  in  some  newspaper  printed 
and  published  in  this  State  and  having  a  general  circulation  on 
said  river  system  or  water  source.    The  clerk  of  said  court  shall 
also  mail,  by  registered  letter,  to  each  of  the  persons,  corpora- 
tions, or  associations  whose  names  and  addresses  are  given  in* 
such    statement   filed   by   the    State   Engineer,   a   copy   of   said 
notice,  and  a  blank  form  on  which  said  claimant  shall  present,  in 
writing,  as  provided  in  the  next  succeeding  section,  all  the  par- 
ticulars relating  to  the  appropriation  of  the  water  of  said  river 
system  or  water  source  to  which  he  lays  claim.     '03,  p.  91;   '05, 
p.  148. 

1273.  Id.     Claimants  to  file  statements  of  water  rights  with 


the  Court.  Each  person,  corporation  or  association  claiming 
the  right  to  use  any  water  of  said  river  system  or  water  source 
shall,  within  six  months  after  the  first  publication  of  the  notice 
provided  for  in  the  next  preceding  section,  file  in  the  office  of 
the  clerk  of  the  court  giving  said  notice,  a  statement  in  writing, 
which  shall  be  signed  and  certified  by  the  oath  of  the  claimant, 
and  shall  include  as  near  as  may  be  the  following:  The  name 
and  postoffice  address  of  the  person,  corporation,  or  association 
making  the  claim;  the  nature  of  the  use  on  which  the  claim  of 
appropriation  is  based;  the  flow  per  second  of  water  used  and 
the  time  during  which  it  has  been  used  each  year;  the  name  of 
the  stream  or  other  source  from  which  the  water  is  diverted; 
the  place  on  such  stream  or  source  where  the  water  is  diverted, 
and  the  nature  of  the  diverting  works;  the  date  when  the  first 
work  for  diverting  the  water  was  begun,  and  the  nature  of  such 
work;  the  dimensions,  grade,  shape,  and  nature  of  the  diverting 
channel,  as  originally  constructed;  the  date  when  the  original 
diverting  channel  was  completed;  the  date  when  the  water  was 
first  used,  the  flow  per  second  and  the  time  during  which  the 
water  was  used  the  first  year;  the  date  and  nature  of  each  sub- 
sequent change  made  in  the  original  diverting  channel;  the  flow 
per  second  of  the  water  used  and  the  time  it  was  used  each  year 
between  each  of  the  changes  so  made,  and  the  dimensions,  grade, 
shape,  and  nature  of  the  present  diverting  channel;  the  place 
where  and  the  manner  in  which  the  water  was  first  used;  the 
nature  of  each  subsequent  change  in  the  place  or  manner  of  use, 
and  the  place  and  manner  of  present  use;  and  such  other  facts 
as  will  clearly  define  the  extent  and  nature  of  the  appropriation 
claimed.  If  the  water  claimed  to  have  been  appropriated  is  used 
for  irrigation,  the  statement  shall  show,  in  addition  to  the  above 
required  facts,  the  area  of  land  irrigated  the  first  year  and  each 
subsequent  year;  the  total  area  at  present  irrigated,  and  its  loca- 
tion in  the  section,  township,  and  range  wherein  it  is  situated; 
'the  character  of  the  soil  and  the  kind  of  crops  raised  during 
the  first  year  of  use  and  the  first  year  after  each  subsequent 
change  of  channel,  and  during  the  last  year  in  which  the  water 
was  applied. 

If  the  water  claimed  to  have  been  appropriated  is  used  for 
developing  power,  the  statement  shall  show,  in  addition  to  the 
above  required  facts,  the  number,  size,  and  kind  of  water  wheels 
employed;  the  head  under  which  each  wheel  is  operated;  the 
extent  of  the  power  produced,  and  the  purposes  for  which  and 


9 

the  places  where  it  is  used;  and  the  point  where  the  water  is 
returned  to  the  natural  stream. 

If  the  water  claimed  to  have  been  appropriated  is  used  for 
mining,  the  statement  shall  show,  in  addition  to  the  above  re- 
quired facts,  the  name  of  the  mine  and  the  mining  district  in 
which  it  is  situated;  the  nature  of  the  material  mined,  and  the 
place  where  the  water  is  returned  to  the  natural  channel  of  the 
stream.  Within  sixty  days  after  the  expiration  of  the  six  months 
allowed  for  filing  statements  of  claims,  the  State  Engineer  shall 
tabulate  the  facts  contained  in  the  different  statements  filed;  a 
copy  of  said  tabulation  shall  be  immediately  filed  in  the  office  of 
the  clerk  of  said  court,  and  a  copy  in  the  office  of  the  county 
recorder  of  each  county  which  embraces  any  part  of  said  river 
system  or  water  source.  '03,  p.  92;  '05,  p.  149. 

1274.  Id.  Statement  to  be  filed.  Failure  to  make  state- 
ment a  bar.  The  clerk  of  said  court  shall  enter  the  statement 
in  a  book  to  be  kept  for  that  purpose  and  shall  file  and  preserve 
the  same  in  his  office,  noting  the  date  of  filing.  The  filing  of 
each  statement  shall  be  considered  notice  to  all  persons  of  the 
claim  of  the  party  making  the  same,  and  any  person  failing  to 
make  and  deliver  such  statement  of  the  claim  to  the  clerk  of 
the  court  within  six  months  after  the  first  publication  of  the 
notice  provided  for  in  the  next  preceding  section  shall  be  forever 
barred  and  estopped  from  subsequently  asserting  any  rights 
theretofore  acquired  to  the  -use  of  water  of  said  river  system  or 
water  source,  and  shall  be  held  to  have  forfeited  all  rights  to 
the  use  of  said  water  theretofore  claimed  by  him;  provided, 
that  any  claimant  upon  whom  no  other  service  of  said  notice 
shall  be  made  than  by  publication  in  the  newspaper  may  apply 
to  the  court  for  permission  to  file  a  statement  of  claim  after 
the  time  therefor  has  expired,  and  the  court  or  judge  thereof, 
may  extend  the  time  for  filing  said  statement,  not  exceeding  one 
year  from  the  first  publication  of  said  notice;  but,  before  said 
time  is  extended,  the  applicant  shall  give  notice  by  publication 
in  some  newspaper  having  general  circulation  on  said  river 
system,  to  all  other  persons  interested  in  the  water  of  that  river 
system  or  water  source,  and  shall  make  it  appear  to  the  satis- 
faction of  the  court  that  during  the  pendency  of  the  proceedings 
he  had  no  actual  notice  thereof  in  time  to  appear  and  file  a  state- 
ment and  make  proof  of  his  claim;  and  all  parties  interested, 
may  present  affidavits  as  to  the  matter  of  actual  notice  of  appli- 
cation. '03,  p.  93;  '05,  p.  150. 


10 

1275.  Id.     Referee  to   be   appointed.     At  the   expiration   of 
six  months  after  the  first  publication  of  the  aforesaid  notice,  the 
district  court  of  the  county  in  which  said  statements  of  claim 
have  been  filed  may  appoint  a  referee  or  referees,  not  exceeding 
three,  to  take  testimony  and  determine  th  rights  of  said  claim- 
ants to  th  use  of  the  water  of  said  river  system  or  water  source, 
as  in  other  equity  cases.     Any  claimant  may  object  to  the  ap- 
pointment of  any  person  as  referee  for  the  same  cause  for  which 
challenges  for  cause  may  be  taken  to  a  petit  juror  in  the  trial 
of  a  civil  action.    Such  objection  must  be  heard  and  disposed  of 
by  the  court,  or  a  judge  thereof,  and  affidavits  may  be  read  and 
witnesses  examined  concerning  the  same.    '03,  p.  93;  '05,  p.  151. 

1276.  Id.     Oath.     Power  of  referee.     The  referee  or  referees, 
before  proceeding  to  hear  any  testimony,  must  be  sworn  well 
and  truly  to  hear  and  determine  the  facts  and  issues  referred  to 
them,  and  true  findings  render  according  to  the  evidence,  and 
he  or  they  shall  have  power  to  administer  oaths  to  all  witnesses 
produced  before  him  or  them.     '03,  p.  93;   '05,  p.  151. 

1277.  Id.  Statements  in  place  of  pleadings.  Maps  and 
records  of  engineer's  office  evidence.  The  statements  filed  by 
the  claimants  shall  stand  in  the  place  of  pleadings,  and  issue 
may  be  made  thereon.  They  shall,  unless  the  court  determines 
the  matter  itself  without  a  reference,  be  referred  and  delivered 
to  the  referee  or  referees,  with  all  other  files  and  papers  relat- 
ing to  water  claims  of  said  river  system  or  water  source,  includ- 
ing the  statement  and  map  filed  by  the  State  Engineer,  who 
shall,  before  the  expiration  of  the  six  months  allowed  for  filing 
statements  of  claim,  as  aforesaid,  file  with  the  clerk  of  said 
court,  and  with  the  county  recorder  of  each  county  which  em- 
braces any  part  of  said  river  system  or  water  source,  a  copy 
of  the  map  of  said  river  system  or  water  source,  made  in  pur- 
suance of  his  survey  thereof;  and  whenever  requested  so  to  do, 
the  State  Engineer  shall  furnish  the  court  or  referee  or  referees 
with  any  information  which  he  may  possess,  or  copies  of  any  of 
the  records  of  his  office  which  relate  to  the  water  of  said  river 
system  or  water  source;  and  in  all  proceedings  for  the  determi- 
nation of  the  rights  of  claimants  to  the  water  of  said  river  sys- 
tem or  water  source,  the  said  maps  and  records,  or  certified 
copies  thereof,  shall  be  competent  and  prima  facie  evidence  of 
the  facts  stated  therein  or  delinated  thereon.  '03,  p.  93 ;  '05, 
p.  151. 


11 

1278.  Id.     Amendments  permitted.     Powers  of  referee.     The 
referee  or  referees  shall  have  power  to  allow  amendments  to  any 
statement  or  pleadings,  as  the  court  might  do,  and  upon  the  same 
terms  and  with  like  effect.     He  or  they  shall  have  power,  and 
it  shall  be  the  duty  of  the  court,  or  referee  or  referees  to  take 
testimony  at  such  times  and  places  within  the  boundaries  of  the 
river  system  or  water  source  as  may  be  convenient  to  the  re- 
spective   claimants    interested,    and    the    court,    or    referee    or 
referees,    shall   determine   the   rights    of   all    said    claimants    as 
hereinafter  provided.     The  court,  referee  or  referees  shall  give 
not  less  than  fifteen  days'  notice  to  the  claimants,  stating  when 
and  where  he  or  they  will  begin  to  take  testimony;  said  notice, 
shall  be  published  in  some  newspaper  having  general  circulation 
on  said  river  system  or  water  source;  and,  upon  the  date  named 
in  the  notice,  the  court,  referee  or  referees  shall  begin  to  take 
the  said  testimony,  and  shall  continue  the  same  until  all  the 
testimny  relating  to  claims  to  water  of  said  river  system   or 
water   source   is   completed;    provided,   that   a   notice   shall   be 
served  upon  each  claimant  at  least  fifteen  days  before  the  testi- 
mony upon  his  or  its  claim,  stating  the  time  and  place,  when  and 
where  such  testimony  will  be  taken;   and  said  notice  shall  be 
served  in  the  same  manner  as  a  summons  issued  out  of  the  dis- 
trict court.    But  he  or  they  may  grant  adjournment  from  time  to 
time  as  occasion  may  require  and  during  all  of  said  time  the 
map  or  maps  and  other  records  furnished  by  the  State  Engineer, 
as  hereinbefore  provided,  shall  be  opened  to  the  inspection  of 
all  parties  interested.    '03,  p.  94;  '05,  p.  151. 

1279.  Id.     Any  interested  party  may  contest..  .Any  person, 
corporation,  or  association  owning  any  irrigation  works,  or  claim- 
ing any  interest  in   the  water  of  said  river  system   or  water 
source,  may  contest  the  rights   of  any  person,   corporation,  or 
association  that  has  filed  statements  of  claim  for  any  water  of 
said  river  system  or  water  source,  by  filing  a  written  statement 
of  the  grounds  of  such  contest  with  the  clerk  of  said  court,  within 
thirty  days  after  the  filing  of  the  tabulation  of  facts  provided  for 
in  section  1273;  which  statement  of  contest  shall  be  verified  by 
the  oath  of  the  contestant.     Upon  the  filing  of  said  contest  the 
referee  or  referees  shall  fix  the  time  for  hearing  the  same,  which 
date  shall  be  not  less  than  thirty  days  nor  more  than  sixty  days 
from  the  time  when  the  notice  is  served  on  the  party,  which 
notice  and  the  return  thereof  shall  be  made  in  the  same  manner 


12 

as  summons  is  served  in  civil  actions  in  the  district  courts  of 
this  State.     '03,  p.  94;  '05,  p.  152. 

1280.  Subpoenas    for   witnesses.     The    referee    or    referees 
shall  have  power  to  issue  subpoenas  to  witnesses  which  shall 
be  served  in  the  same  manner  as  subpoenas  issued  out  of  the 
district  court,  and  all  witnesses  so  subpoenaed  shall  attend  and 
testify,  and  produce  books  and  papers   and  documents,   as  re- 
quired, before  such  referee  or  referees,  and  said  witnesses  shall 
receive  the  same  fees  as  in  civil  cases  in  the  district  court,  to  be 
paid  by  the  party  or  parties  against  whom  the  contest  shall  be 
finally  determined.    '03,  p.  94;  '05,  p.  152. 

1281.  Id.     Referees'    findings.     On    the    completion    of    the 
evidence,   the   referee   or  referees   shall   state,   in   writing,   the 
facts  found  by  him  or  them,  as  to  each  claim  submitted,  and 
the  conclusions  of  law  in  relation  thereto,  separately,  and  shall 
report  the  same,  with  a  form  of  decree  to  the  district  court;  and 
said  court  may  review  said  report  and  enter  decree  thereon,  or 
set  aside,  alter,  or  modify  the  same  and  enter  decree  thereon 
so  altered  or  modified,  and,  when  necessary,  may  require  the 
referee  or  referees  to  amend  his  or  their  reports.    All  the  testi- 
mony taken  by  any  referee  or  referees  shall  be  stenographically 
reported,  and  the  same,  together  with  all  other  evidence  in  the 
matter,  shall  be  transmitted  to,  preserved,  and  filed  in  the  office 
of  the  clerk  of  said  district  court,  with  the  report  of  such  referee 
or  referees.    Notice  of  the  filing  of  the  report  of  the  referee  or 
referees  shall  be  given  by  the  clerk,  as  the  court  may  direct;  and 
exceptions  to  the  findings  and  report  of  the  referee  may  be  taken 
by  the  parties,  as  the  court  shall  prescribe  by  rule.     '03,  p.  95; 
'05,  p.  152. 

1282.  Id.     Effect  of  decree.    The  decree  shall  determine  and 
establish  the  rights  of  the  several  claimants  to  the  use  of  the 
water  of  safd  river  system  or  water  source;   and  among  other 
things  shall  set  forth  the  name  and  postoffice  address  of  the 
person,  corporation,  or  association  entitled  to  the  use  of  the 
water;  the  quantity  of  water  in  acre-feet  or  the  flow  of  water  in 
second  feet  to  be  used;  the  purpose  for  which  the  water  is  to 
be  used;  the  time  during  which  the  water  is  to  be  used  each 

the  name  of  the  stream  or  other  source  from  which  the 
water  is  diverted;  the  priority  number  of  the  right;  the  date  of 
the  right,  and  such  other  matter  as  will  fully  and  completely 


13 

define  the  right  of  said  person,  corporation,  or  association  to  the 
use  of  the  water.     '03,  p.  95;  '05,  p.  153. 

1283.  Id.     Decree   may   be   appealed   from.     The   decree   so 
entered  by  the  district  court  may  be  appealed  from  to  the  su- 
preme court,  in  like  manner  as  from  decrees  and  judgments  in 
other  cases;   provided,  that  such  appeal  shall  be  taken  within 
six  months  after  the  entry  of  said  decree,  and  all  proceedings  on 
appeal   shall  be  conducted  according  to  the  provisions   of  the 
code  of  civil  procedure,  and  the  practice  on  appeals  from  the 
district  court  to  the  supreme  court.     '03,  p.  95;   '05,  p.  153. 

1284.  Id.     Certificate    of   water   right   to    be    issued.     If   no 
appeal  is  taken  from  said  decree  within  six  months  after  the 
same  has  been  entered,  or,  if  the  case  is  appealed,  within  thirty 
days  after  the  final  decree  is  entered,  it  shall  be  the  duty  of  the 
clerk  of  the  court  making  said  decree  to  issue  to  each  person, 
corporation,  or  association  having  been  awarded  the  use  of  water 
by  said  decree,  a  certificate  in  duplicate,  attested  under  the  seal 
of   the   court,   setting   forth   the    substance   of   said   decree,   as 
specified  in  Section  1282.    One  copy  of  said  certificates  shall  be 
transmitted,  in  person  or  by  registered  mail,  to  the  appropriator, 
who  shall,  within  thirty  days,  have  the  same  recorded  in  the 
office  of  the  county  recorder  of  the  county  in  which  the  water  is 
diverted  from  its  natural   channel,  and  the  other  shall  be  de- 
livered to.  the  State  Engineer,  and  filed  in  his  office  as  part  of 
the   records  thereof.     The  letter  "A"   shall   be   prefixed   to  the 
priority  number  of  each  certificate  so  issued  to  distinguish  it 
from  certificates  issued  by  the  State  Engineer.     '03,  p.  95;    '05, 
p.  153. 

1285.  Proceedings  when  Judge  or  Referee   is  claimant.     If 
the  referee  shall  be  a  claimant  to  any  water  of  said  river  system 
or  water  source,  all  testimony  and  evidence  pertaining  to  his 
claim  shall  be  taken  by  the  district  court  of  the  county  in  which 
the  statements  are  filed;  and  if  the  district  judge  is  a  claimant 
of  any  of  the  water  of  said  river  system  or  water  source,  he  shall 
file  his  statement  in  the  district  court  of  the  adjoining  district, 
and  a  copy  of  the  statement  in  the  court  of  his  own  county.    In 
such  case  the  court  of  the  adjoining  district  shall  receive  and 
act  upon  the  referee's  report  and  enter  decree  in  the  matter. 

For  the  purpose  of  advancing  the  money  required  for  the 
expenses  of  district  judges,  compensation  and  expenses  of 
referees  and  compensation  and  expenses  of  stenographers,  as 
provided  in  Sections  1272  to  1285,  inclusive,  Compiled  Laws  of 


14 

Utah,  1907,  there  is  hereby  appropriated  and  set  apart  from  any 
moneys  in  the  general  fund  in  the  State  Treasury  the  sum  of 
$8,000,  to  be  known  as  "Adjudication  of  water  rights  fund," 
which  shall  be  a  permanent  fund  and  which  shall  be  used  only 
for  the  payment  of  expenses  as  provided  herein. 

The  sums  allowed  by  the  State  Board  of  Examiners,  upon 
certificates  of  the  proper  district  judge  to  the  State  Auditor,  for 
expenses  and  services  paid  from  the  "Adjudication  of  water 
rights  fund,"  as  herein  provided,  shall  at  the  conclusion  of  a 
water  adjudication  be  certified  by  the  State  Auditor  to  the  judge 
and  clerk  of  the  court  in  which  said  adjudication  has  been  made, 
and  the  same  shall  constitute  a  part  of  the  costs  and  disburse- 
ments in  said  cause.  The  court,  at  the  time  of  entry  of  final 
judgment  in  said  cause,  shall  adjudge  and  determine  the  propor- 
tionate amount  of  such  cost  of  adjudication,  to  be  paid  by  each 
of  the  parties  of  said  action;  and  the  respective  sums  so  appor- 
tioned are  hereby  declared  to  be  a  lien  upon  the  lands  and  water 
rights  of  the  said  parties,  and  the  said  respective  sums  shall  be 
entered  by  the  auditors  of  the  proper  counties  upon  the  assess- 
ment roll  of  the  county  in  which  the  property  is  situated  oppo- 
site the  names  of  the  parties  respectively  required  to  pay  the 
same,  and  said  sums  shall  be  collected  in  the  same  manner  and 
at  the  same  time  as  other  taxes  are  collected,  and  shall  be 
placed  in  a  separate  fund,  to  be  remitted  to  the  State  Treasurer 
at  the  same  time  that  other  taxes  are  remitted  and  be  placed 
by  said  treasurer  in  the  "Adjudication  of  water  rights  fund." 


CHAPTER   104. 
Session  Laws,  1911. 

Section  1.  Additional  duties  of  State  Engineer.  In  addi- 
tion to  the  duties  now  prescribed  by  law,  the  State  Engineer 
shall  divide  the  State  into  water  districts,  said  districts  to  be  so 
constituted  as  to  secure  the  best  protection  to  the  claimants 
for  water,  and  the  most  economical  supervision  on  the  part  of 
the  State;  said  water  districts  shall  not  be  created  until  a 
necessity  therefor  shall  arise;  provided,  that  no  water  district 
shall  include  more  than  one  county. 

Sec.  2.  Water  Commissioners.  How  appointed.  Term. 
There  shall  be  appointed  by  the  Board  of  County  Commission- 
ers one  water  commissioner  for  each  water  district,  who  shall 


15 

be  selected  from  persons  recommended  by  the  State  Engineer. 
Each  commissioner  shall  hold  his  office  until  his  successor  is 
appointed  and  shall  have  qualified;  said  Board  of  County  Com- 
missioners shall,  by  like  selection  and  appointment,  fill  all  va- 
cancies which  may  occur  in  the  offices  of  water  commissioners, 
and  may  at  any  time  remove  any  water  commissioner  for  failure 
to  perform  his  duties  as  said  water  commissioner.  '15,  p.  115. 

Sec.  3.  Id.  Bond.  Every  water  commissioner  before  enter- 
ing on  his  duty  shall  give  a  bond  to  the  State  in  the  penal  sum 
of  $1,000  for  the  faithful  performance  of  his  duty. 

Sec.  4.  Id.  Powers  and  Duties.  The  water  commissioners 
appointed  under  the  provisions  of  this  Act  shall  be  ex-officio 
officers  of  the  courts  within  their  respective  water  districts  to 
carry  into  effect  the  decree  of  such  courts  in  relation  to  the 
division  or  distribution  of  water  used  within  any  water  district 
created  by  the  provisions  of  this  act,  and  it  shall  further  be  the 
duty  of  the  said  water  commissioner,  to  divide  the  water  of  the 
natural  stream  or  streams  of  his  district,  among  the  several 
ditches  and  reservoirs  taking  water  therefrom,  according  to  the 
prior  right  of  each,  respectively,  in  whole  or  in  part,  and  to 
shut  and  fasten,  or  cause  to  be  shut  and  fastened,  the  headgates 
of  such  ditches,  and  shall  regulate  or  cause  to  be  regulated,  the 
controlling  works  of  reservoirs,  in  times  of  scarcity  of  water,  as 
may  be  necessary  by  reason  of  the  priorities  of  right  existing  in 
said  natural  streams  of  his  district.  Such  water  commissioner 
shall  have  authority  to  regulate  the  distribution  of  water  among 
the  various  users  under  any  partnership  ditch  or  reservoir  where 
rights  have  been  adjudicated,  in  accordance  with  existing  de- 
crees. Whenever  in  the  pursuance  of  his  duties,  the  water  com- 
missioner regulates  a  headgate  of  a  ditch  or  the  controlling 
works  of  a  reservoir,  it  shall  be  his  duty  to  attach  to  such  head- 
gate  or  controlling  works,  a  written  notice,  properly  dated  and 
signed,  setting  forth  that  such  headgate  or  controlling  works  has 
been  properly  regulated,  and  is  wholly  under  his  control  and 
such  notice  shall  be  a  legal  notice  as  to  the  facts  therein  con- 
tained to  all  parties  interested  in  the  division  and  distribution 
of  water  of  such  ditch  or  reservoir.  It  shall  be  the  duty  of  the 
county  attorney  to  appear  and  defend  any  water  commissioner 
who  shall  be  made  a  defendant  in  any  case  which  may  arise 
in  the  pursuance  of  the  official  duties  of  such  officer  within  the 
county  of  said  attorney. 


16 

Sec.  5.  Id.  Said  water  commissioner  shall  as  near  as  may 
be,  divide,  regulate  and  control  the  use  of  the  water  of  all 
streams  within  his  district,  by  such  closing  or  partial  closing 
of  the  headgates  as  will  prevent  the  waste  of  water  or  its  use 
in  excess  of  the  volume  to  which  the  appropriator  is  lawfully 
entitled,  and  any  person  who  may  be  injured  by  the  action  of 
any  water  commissioner,  or  by  his  failure  to  act  pursuant  to 
this  Act,  may  report  to  the  State  Engineer,  who  shall  imme- 
diately act  in  the  matter  and  correct  or  cause  to  be  corrected 
any  wrongful  act  of  such  water  commissioner  if  he  shall  see 
that  injury  has  been  done.  Any  person  dissatisfied  with  the 
action  of  the  State  Engineer  may  bring  an  action  in  the  district 
court  of  the  county  wherein  the  ditch  or  ditches  from  which 
the  controversy  arises  are  situated. 

Sec.  6.  Id.  Compensation  of  Commissioners.  Water  com- 
missioners herein  provided  for  shall  receive  such  compensation 
as  the  Board  of  County  Commissioners  shall,  from  time  to  time 
fix,  the  same  to  be  determined  with  reference  to  the  extent 
and  character  of  the  service  performed  by  such,  to  be  paid  by 
the  county  in  the  interest  of  which  the  work  is  performed. 
Each  water  commissioner  shall  keep  a  true  and  just  account  of 
time  spent  by  him  in  the  discharge  of  his  duties,  and  shall 
present  a  true  copy  thereof,  verified  by  oath,  to  the  Board  of 
County  Commissioners,  and  the  Board  of  County  Commissioners 
shall,  upon  approval  thereof  by  the  State  Engineer,  allow  the 
same.  '15,  p.  115. 

Sec.  7.  Id.  Deputies  and  Assistants.  Compensation.  Said 
water  commissioners  shall  have  power,  when  necessary,  to  em- 
ploy deputies  or  other  suitable  assistants  to  aid  them  in  the 
discharge  of  their  duties.  Such  assistants  shall  take  the  same 
oath  as  the  water  commissioner,  and  shall  obey  his  instructions, 
and  each  shall  be  entitled  to  such  compensation  as  his  service 
may  demand  and  as  the  water  commissioner  may  recommend, 
not  to  exceed  in  any  case  $5.00  per  day  for  every  day  he  is 
employed,  such  payment  to  be  made  upon  certificates  of  the 
water  commissioner,  approved  by  the  State  Engineer,  in  the 
same  manner  as  provided  for  the  payment  of  the  water  com- 
missioners; provided  that  the  term  of  service  of  such  assistant 
commissioner  may  be  terminated  at  any  time  by  the  water  com- 
missioner, and  shall  not  in  any  case  continue  after  the  emer- 
gency has  ceased  to  exist. 


17 

Sec.  8.  Id.  May  begin  work  upon  written  demand  of  appro- 
priators.  When  arrangements  are  not  made  for  the  employ- 
ment of  the  water  commissioner  throughout  the  irrigation 
season,  the  said  water  commissioner  shall  begin  his  work  upon 
written  demand  being  made  upon  him  therefor  by  one  or  more 
appropriators.  Such  written  demand  for  his  services  shall  be 
attached  to  his  bill  for  services  and  forwarded  with  it  to  the 
county  commissioners  of  the  proper  county.  Where  the  said 
commissioner  is  employed  by  the  month,  he  shall  begin  work 
and  terminate  his  services  as  the  State  Engineer  may  direct. 
The  State  Engineer  may,  under  any  condition,  call  upon  the 
water  commissioner  for  work  within  his  district,  whenever  the 
necessity  therefor  may  in  his  judgment  arise. 

Sec.  9.  Id.  May  make  arrests.  The  water  commissioners, 
or  their  assistants,  within  their  districts  shall  have  power  to 
arrest  any  person  or  persons  presently  offending,  and  turn  them 
over  to  the  sheriff  of  the  proper  county,  and  immediately  upon 
delivering  any  such  person  so  arrested  into  the  custody  of  the 
sheriff,  it  shall  be  the  duty  of  the  water  commissioner  making 
such  arrest,  to  immediately  in  writing  and  upon  oath,  make 
complaint  before  the  proper  justice  of  the  peace  against  the 
person  so  arrested. 

Sec.  10.  Headgates  and  flumes  to  be  maintained.  The 
owner  or  owners  of  any  ditch  or  canal,  shall  maintain  to  the 
satisfaction  of  the  water  commissioner  in  which  the  irrigation 
works  are  located,  a  substantial  headgate  at  the  point  where  the 
water  is  diverted,  which  shall  be  of  such  construction  that  it 
can  be  locked  and  kept  closed  by  said  water  commissioner;  and 
such  owner  shall  construct  and  maintain  when  required  by  the 
water  commissioner,  flumes  or  other  measuring  devices  at  such 
points  along  such  ditch  as  may  be  necessary  for  the  purpose  of 
assisting  the  water  commissioner  in  determining  the  amount  of 
water  that  is  to  be  diverted  into  said  ditch  from  the  stream,  or 
taken  from  it  by  the  various  users.  'Any  and  every  owner  or 
manager  of  a  reservoir,  located  across  or  upon  the  bed  of  a 
natural  stream,  shall  be  required  to  construct  and  maintain, 
when  required  by  the  water  commissioner,  a  flume  or  measuring 
device  of  a  plan  to  be  approved  by  the  State  Engineer,  below 
such  reservoir  at  a  point  not  to  exceed  six  hundred  feet  distant 
therefrom,  and  a  flume  or  measuring  device  above  such  reservoir 
on  each  and  every  stream  or  source  of  supply  discharging  into 
such  reservoir,  for  the  purpose  of  assisting  the  water  commis- 


18 

sioner  in  determining  the  amount  of  water  to  which  prior  appro- 
priations are  entitled  and  thereafter  diverting  it  for  such  prior 
appropriators'  use.  When  it  may  be  necessary  for  the  protection 
of  other  water  users,  the  water  commissioner  has  authority  to 
require  flumes  to  be  installed  along  the  line  of  any  ditch.  If  any 
such  owner  or  owners  of  irrigation  works  shall  refuse  or  neglect 
to  construct  and  put  in  such  headgates,  flumes  or  measuring 
devices  after  thirty  days'  notice  to  do  so  by  the  water  com- 
missioner, it  shall  be  the  duty  of  the  water  commissioner  of 
the  district  in  which  such  headgate  is  located,  to  close  such 
ditch  to  the  passage  of  water,  and  the  same  shall  not  be  opened 
or  any  water  diverted  from  the  source  of  supply,  under  the 
penalties  prescribed  by  law  for  the  opening  of  headgates  law- 
fully closed,  until  the  requirements  of  the  water  commissioner 
as  to  such  headgate,  flume  or  measuring  device  have  been  com- 
plied with,  and  if  any  owner  or  manager  of  a  reservoir  located 
across  the  bed  of  a  natural  stream  shall  neglect  or  refuse  to 
put  in  such  measuring  device  after  thirty  days'  notice  to  do  so 
by  the  water  commissioner  the  water  commissioner  shall  open 
the  sluice  gate  or  outlet  of  such  reservoir  and  the  same  shall 
not  be  closed  under  penalties  of  the  law  for  changing  or  inter- 
fering with  headgates  until  the  requirements  of  the  water  com- 
missioner as  to  such  measuring  devices  are  complied  with. 

Sec.  11.  Commissioners  to  make  reports.  The  water  com- 
missioners when  dn  duty  shall  make  reports  whenever  called 
upon  to  do  so  by  the  State  Engineer.  Such  reports  shall  contain 
the  following  information:  The  amount  of  water  actually  com- 
ing into  the  district  to  supply  ditches,  canals  and  reservoirs; 
whether  such  supply  is  on  the  increase  or  decrease;  what  ditches, 
canals  and  reservoirs  are  at  that  time  without  their  proper  sup- 
ply, and  such  other  and  further  information  as  the  State  Engi- 
neer may  require. 

Sec.  12.  Procedure  where  joint  owners  disagree.  When  two 
or  more  persons,  companies  or  corporations,  joint  owners  in  an 
irrigation  ditch  or  reservoir,  are  unable  to  agree  relative  to  the 
division  and  distribution  of  water  received  through  their  ditch, 
or  from  their  reservoir,  it  shall  be  lawful  for  any  such  owner  or 
owners  or  either  of  them  to  apply  to  the  water  commissioner  of 
the  district  in  which  such  ditch  or  reservoir  shall  be  located, 
by  a  written  notice  setting  forth  such  fact,  asking  the  water 
commissioner  to  take  charge  of  such  ditch  or  reservoir  for  the 


19 


purpose  of  making  a  just  division  or  distribution  of  the  water 
from  the  same  to  the  parties  entitled  to  the  use  thereof.  The 
said  water  commissioner  shall  take  exclusive  charge  of  such 
ditch  or  reservoir,  for  the  purpose  of  dividing  the  water  there- 
from in  accordance  with  rights  established  by  existing  decrees 
or  otherwise,  and  continuing  the  said  work  until  the  necessity 
therefor  shall  cease  to  exist.  The  water  commissioner  shall 
have  power  to  determine  the  loss  in  transit  of  any  water  of  a 
stream  other  than  the  natural  flow  from  a  reservoir  or  other 
source,  by  seepage  and  evaporation,  subject  to  an  appeal  as 
provided  in  this  Act.  In  all  cases  where  the  water  commissioner 
or  a  deputy  water  commissioner  is  called  upon  to  divide  the 
waters  of  a  ditch  or  reservoir  between  appropriators,  when  the 
term  of  his  employment  exceeds  three  consecutive  days,  he  shall 
be  paid  in  full  for  his  services  by  the  interested  water  users  in 
proportion  to  the  established  rights  of  each.  Any  payment  not 
made  for  the  services  of  such  water  commissioner  after  the 
written  demand  has  been  made  therefor,  the  same  shall  be  a 
lien  upon  any  land  or  other  property  not  otherwise  exempt  from 
execution  owned  by  the  interested  water  user  refusing  to  pay 
and  may  be  recovered  by  the  water  commissioner  in  any  court 
of  competent  jurisdiction. 

Sec.  13.  Rights  to  use  of  water  restricted.  Rights  to  the 
use  of  water  shall  be  limited  and  restricted  to  so  much  thereof 
as  may  be  necessarily  used  for  irrigation  or  other  beneficial  pur- 
poses irrespective  of  the  carrying  capacity  of  the  ditch,  and  all 
the  balance  of  the  water  not  so  appropriated  shall  be  allowed  to 
run  in  the  natural  stream  from  which  such  ditch  draws  its  sup- 
ply of  water,  and  shall  not  be  considered  as  having  been  appro- 
priated thereby. 

Sec.  14.  Repeal.  That  Sections  1286,  1287,  1288,  1288x, 
1288x1,  1288x2,  1288x3,  1288x4,  Compiled  Laws  of  Utah,  1907,  be 
and  the  same  are  hereby  repealed. 

Approved  March  20,  1911. 

1288x5.  Rights  to  unappropriated  water.  Rights  to  the  use 
of  the  unappropriated  water  in  the  State  may  be  acquired  by 
appropriation,  in  the  manner  hereinafter  provided,  and  not  other- 
wise. The  appropriation  must  be  for  some  useful  or  beneficial 
purpose,  and,  as  between  appropriators,  the  one  first  in  time 
shall  be  first  in  right;  (provided  that  when  a  use  designated  by 


20 

an  application  to  appropriate  any  of  the  unappropriated  waters 
of  the  State  would  materially  interfere  with  a  more  beneficial 
use  of  such  water,  then  the  application  shall  be  dealt  with  as 
provided  in  Section  1288x10). 

1288x6.  Application  for  unappropriated  water.  Any  person, 
corporation,  or  association,  to  hereafter  acquire  the  right  to  the 
use  of  any  public  water  in  the  State  of  Utah,  shall,  before  com- 
mencing the  construction,  enlargement,  or  extension  of  any  ditch 
canal,  or  other  distributing  works,  or  performing  similar  work 
tending  to  acquire  the  said  right  or  appropriation,  make  an 
application  in  writing  to  the  State  Engineer.  Such  application 
shall  be  upon  a  blank  to  be  furnished  by  the  State  Engineer, 
and  shall  set  forth  the  name  and  postoffice  address  of  the  person, 
corporation,  or  association  making  the  application;  the  nature  of 
the  proposed  use  for  which  the  appropriation  is  intended;  the 
quantity  of  water  in  acre  feet  or  the  flow  of  water  in  second  feet 
to  be  used,  and  the  time  during  which  it  is'  to  be  used  each 
year;  the  name  of  the  stream  or  other  source  from  which  the 
water  is  to  be  diverted;  the  place  on  such  stream  or  source 
where  the  water  is  to  be  diverted,  and  the  nature  of  the  divert- 
ing works;  and  the  dimensions,  grade,  shape,  and  nature  of  the 
proposed  diverting  channel;  and  such  other  facts  as  will  clearly 
define  the  full  purpose  of  the  proposed  appropriation.  If  the 
proposed  use  is  for  irrigation,  the  application  shall  show,  in 
addition  to  the  above  required  facts,  the  legal  subdivisions  of 
land  proposed  to  be  irrigated,  with  the  total  area  thereof,  and 
the  character  of  the  soil.  If  the  proposed  use  is  for  developing 
power,  the  application  shall  show,  in  addition  to  the  above  re- 
quired facts,  the  number,  size,  and  kind  of  water  wheels  to  be 
employed;  the  head  under  which  each  wheel  is  to  be  operated; 
the  extent  of  the  power  to  be  produced,  and  the  purposes  for 
which  and  the  places  where  it  is  to  be  used;  also,  the  point 
where  the  water  is  to  be  returned  to  the  natural  stream  or 
source.  If  the  proposed  use  is  for  mining,  the  application  shall 
show,  in  addition  to  the  above  required  facts,  the  name  of  the 
mine  and  the  mining  district  in  which  it  is  situated,  the  nature 
of  the  mineral  mined,  and  the  place  where  the  water  is  to  be 
returned  to  the  natural  stream  or  source.  The  place  of  diversion 
and  the  place  of  return  of  the  water  shall  be  designated  with 
reference  to  the  United  States  land  corners  or  mineral  monu- 
ments, when  either  The  point  of  diversion  or  the  point  of  return 


21 


shall  be  situated  within  six  miles  of  the  nearest  United  States 
land  corner.  The  storage  of  water  by  means  of  a  reservoir 
shall  be  regarded  as  a  diversion  and  the  points  of  diversion  in 
such  cases  shall  be  deemed  to  include  the  point  where  the 
water  is  taken  from  the  stream  and  the  center  of  the  impounding 
dam  of  the  reservoir.  The  lands  to  be  inundated  by  the  reservoir 
shall  be  described  as  nearly  as  may  be,  and  by  Government  sub- 
divisions if  upon  surveyed  land,  and  the  area  of  the  surface 
thereof  when,  the  reservoir  is  filled  shall  be  given.  R.  S.  '98, 
Sec.  1268,  1269;  '03,  p.  98;  '05,  p.  155;  '09,  pp.  84,  85. 

1288x7.  Action  of  Engineer  thereon.  On  receipt  of  said 
application  it  shall  be  the  duty  of  the  State  Engineer  to  make 
an  endorsement  thereon  of  the  date  of  its  receipt,  and  to  make 
a  record  of  such  receipt  in  a  book  kept  in  his  office  for  that 
purpose.  It  shall  be  his  duty  to  examine  said  application  and 
ascertain  if  it  sets  forth  all  the  above  required  facts,  and  if  not, 
it  shall  be  returned  with  the  statement  of  correction,  amend- 
ments, or  changes  required,  within  thirty  days  after  its  receipt, 
and  sixty  days  shall  be  allowed  for  the  refiling  thereof.  If 
refiled,  corrected  as  required,  within  said  time  the  application 
shall,  upon  being  accepted,  take  priority  as  of  the  date  of  its 
original  filing,  subject  to  compliance  with  the  further  require- 
ments of  the  law  and  the  regulations  thereunder.  Any  corrected 
application  filed  after  the  time  allowed  shall  be  treated  in  all 
respects  as  an  original  application  received  on  the  date  of  its 
refiling.  The  date  of  the  return  of  the  application,  with  the 
reasons  therefor,  shall  be  endorsed  on  the  application  and  a 
record  made  thereof  in  a  book  kept  for  recording  applications. 
Like  entries  shall  be  made  of  the  date  when  corrected  applica- 
tions are  received  by  the  State  Engineer  and  of  the  date  when 
rejected  applications  are  returned  to  the  applicant.  Applications 
for  a  change  of  the  point  of  diversion  or  place  of  use  set  forth 
in  an  approved  application  shall  be  treated  as  a  corrected  ap- 
plication within  the  meaning  of  this  section,  excepting  that  such 
change  of  an  approved  application  shall  not  affect  the  priority 
of  the  original  application;  provided  that  no  change  of  the  point 
of  diversion  or  place  of  use  set  forth  in  an  approved  application 
shall  operate  to  enlarge  the  time  within  which  the  construction 
work  shall  begin  or  be  completed.  '03,  p.  98;  '05,  p.  156;  '07, 
p.  248;  '09,  pp.  85,  86. 


22 


1288x8.  Notice  of  application.  If  not  corrected  as  required, 
no  further  proceedings  shall  be  had  on  such  applications,  but 
when  filed  in  compliance  with  this  Title,  the  State  Engineer 
shall  at  once  at  the  expense  of  the  applicant,  to  be  paid  in 
advance,  publish  in  some  newspaper  having  a  general  circulation 
within  the  boundaries  of  the  river  system  or  water  source  from 
which  said  appropriation  is  to  be  made,  a  notice  of  the  applica- 
tion showing  by  whom  made;  the  quantity  of  water  sought  to  be 
appropriated;  the  stream  from  which  the  appropriation  is  to  be 
made,  and  at  what  point  on  the  stream;  the  use  for  which  it  is 
to  be  appropriated  and  by  what  means;  which  notice  shall  be 
published  at  least  once  a  week  for  thirty  days.  It  is  further 
provided,  that  any  change  in  the  proposed  point  of  diversion  or 
place  of  use  of  water  from  a  stream  shall  be  subject  to  the 
approval  of  the  State  Engineer,  under  the  provisions  of  section 
1288x24  hereof.  '03,  p.  98;  '05,  p.  156;  '09,  p.  86. 

1288x9.  Protest  may  be  made.  Any  person,  corporation,  or 
association  interested  may,  at  any  time  within  thirty  days  after 
the  completion  of  the  publication  of  said  notice,  file  with  the 
State  Engineer,  a  written  protest  against  the  granting  of  said 
application,  stating  the  reason  therefor,  which  shall  be  duly  con- 
sidered by  said  engineer,  who  shall  approve  or  reject  said  appli- 
cation. '03,  p.  99;  '05,  p.  157. 

1288x10.  Applications  filed  and  recorded.  Action  thereon. 
All  applications  which  shall  comply  with  the  provisions  of  this 
title  and  with  the  regulations  of  the  State  Engineer's  office  shall 
be  filed  and  recorded  in  a  suitable  book  kept  for  that  purpose; 
and  it  shall  be  the  duty  of  said  engineer  to  approve  all  applica- 
tions where  the  proposed  use  will  not  impair  the  value  of  exist- 
ing rights,  or  will  not  interfere  with  the  more  beneficial  use  of 
said  water,  provided,  however,  that  an  application  for  water 
made  by  a  homesteader,  desert  entryman  or  person  in  possession 
of  land  under  a  contract  to  purchase  the  same,  such  water 
to  be  used  exclusively  upon  the  land  of  such  person,  may  be 
approved  without  reference  to  prior  conflict;  but  the  State 
Engineer,  upon  information  furnished  by  the  *State  Conservation 
Commission,  or  upon  his  own  investigation,  or  by  information 
in  his  possession  to  the  effect  that  there  is  reason  to  believe 

*  See  Addenda. 


23 

that  applications  to  appropriate  water  from  any  stream  or  other 
source  of  water  supply  within  the  State  will  interfere  with  its 
more  beneficial  use  for  irrigation,  domestic,  culinary,  stock, 
power,  mining  or  other  purposes,  it  shall  be  his  duty  to  with- 
hold the  approval  or  repection  of  such  application  until  he  shall 
have  investigated  the  matter.  The  cost  of  such  inquiry  shall  be 
paid  for  by  the  person  making  application  to  appropriate  water, 
provided  such  application  is  approved,  and  provided  further, 
that  such  charge  shall  not  exceed  ten  dollars  per  day  and 
expenses  to  be  paid  the  State  Engineer  or  his  deputy,  and  five 
dollars  per  day  expenses  for  each  assistant.  When  the  State 
Engineer  is  convinced  that  an  application  to  appropriate  water 
for  a  designated  purpose  is  not  for  the  most  beneficial  use,  he 
shall  file  the  application  together  with  a  statement  of  his  findings 
in  the  District  Court  in  the  county  where  the  proposed  appro- 
priation is  to  be  made.  On  the  filing  of  such  a  statement  the 
District  Court  in  the  county  where  the  same  is  filed  shall  have 
exclusive  jurisdiction  to  determine  the  merits  of  the  case  and 
instruct  the  State  Engineer  to  approve  or  reject  such  application. 
But,  where  there  is  no  unappropriated  water  in  the  proposed 
source  of  supply,  or  where  the  proposed  use  will  conflict  with 
prior  applications  or  existing  rights,  it  shall  be  the  duty  of  the 
State  Engineer  to  reject  such  application. 

1288x11.  Proceedings  after  action.  The  approval  or  rejec- 
tion of  an  application  shall  be  endorsed  thereon  and  a  record 
made  of  such  endorsement  in  the  State  Engineer's  office.  The 
application,  so  endorsed,  shall  be  returned  to  the  applicant.  If 
approved  the  applicant  shall  be  authorized,  on  receipt  thereof, 
to  proceed  with  the  construction  of  the  necessary  works  and  to 
take  all  steps  required  to  apply  the  water  to  the  use  named  in 
the  application  and  to  perfect  the  proposed  appropriation.  If 
the  application  is  rejected,  the  applicant  shall  take  no  steps 
toward  the  prosecution  of  the  proposed  work,  or  the  diversion 
and  use  of  the  public  water,  so  long  as  such  rejection  shall  con- 
tinue in  force.  '03,  p.  99;  '05,  p.  157. 

1288x12.  May  require  additional  information.  Before  either 
approving  or  rejecting  an  application,  the  State  Engineer  may 
require  such  additional  information  as  will  enable  him  to  prop- 
erly guard  the  public  interests,  and  may  require  a  statement 
of  the  following  facts:  In  case  of  incorporated  companies,  he 
may  require  the  submission  of  the  articles  of  incorporation,  the 


24 

names  and  places  of  residence  of  its  directors  and  officers,  and 
the  amount  of  its  authorized  and  its  paid  up  capital.  If  the 
applicant  is  not  an  incorporated  company,  he  may  require  a 
showing  as  to  the  name  or  names  of  the  party  or  parties  pro- 
posing to  make  the  appropriation,  and  a  showing  of  facts  neces- 
sary to  enable  him  to  determine  whether  or  not  they  have  the 
financial  ability  to  carry  out  the  proposed  work,  and  whether 
or  not  the  said  application  has  been  made  in  good  faith.  '03, 
p.  99;  '05,  p.  157. 

1288x13.  Time  for  beginning  and  completing  work.  In  his 
endorsement  of  approval  on  any  application,  the  State  Engineer 
shall  require  that  actual  construction  work  must  begin  within 
six  months  from  the  date  of  such  approval,  and  shall  state  the 
time  within  which  the  construction  shall  be  completed,  not  ex- 
ceeding five  years  from  the  date  of  approval;  and,  in  case  the 
application  is  for  irrigation,  shall  state  the  time  within  which 
water  shall  be  applied  to  a  beneficial  use,  not  exceeding  four 
years  in  addition  thereto.  Any  applicant  feeling  himself  ag- 
grieved by  the  endorsements  which  the  State  Engineer  has  made 
upon  his  application  may  appeal  therefrom  to  the  District  Court 
of  the  county  in  which  the  point  of  diversion  of  the  proposed 
appropriation  is  situated. 

The  construction  of  the  works  shall  be  diligently  prosecuted 
to  completion,  and  if  one-fifth  of  the  work  is  not  completed 
within  one-half  the  time  allowed,  as  determined  by  the  State 
Engineer,  he  may  accept  and  approve,  as  fierein  provided,  an 
application  for  the  use  of  all  or  any  of  the  waters  included  in 
the  application  of  the  prior  applicant  and  the  right  to  use  such 
water  under  said  prior  application  shall  thereupon  be  forfeited, 
provided,  that  before  a  forfeiture  shall  be  declared  by  the  State 
Engineer,  as  provided  herein,  he  shall  give  the  applicant  or  his 
assigns  sixty  days'  notice  by  registered  mail  to  his  last  recorded 
address  to  appear  on  a  date  to  be  designated  and  show  cause, 
if  any  he  has,  why  his  application  shall  not  be  declared  forfeited 
in  whole  or  in  part,  and  on  such  date  the  said  applicant  or  his 
assigns  shall  be  permitted  to  produce  any  lawful  evidence  tend- 
ing to  show  compliance  on  his  part  with  the  law.  At  such 
hearing  the  State  Engineer  shall  be  authorized  to  hear  and 
consider  any  and  all  competent  evidence  tending  to  show 
whether  or  not  the  said  applicant  or  his  assigns  has  or  have 
complied  with  the  law;  and,  provided  further,  that  the  State 
Engineer  shall  allow  an  extension  of  time  on  reqiiest  of  the 


25 

prior  applicant  equal  to  the  time  during  which  work  was  pre- 
vented by  the  operation  of  law  beyond  the  power  of  said  appli- 
cant to  avoid. 

Provided,  That  the  State  Engineer  shall  have  power,  for 
good  cause  shown,  to  extend  the  time  for  completion  of  con- 
struction or  for  application  to  a  beneficial  use,  but  in  no  case 
shall  extensions  of  time  be  made  that  would  place  the  date  of 
proof  of  completion  of  construction  and  the  proof  of  beneficial 
use  more  than  fourteen  years  from  the  date  of  approval,  except 
that  the  State  Engineer  shall  allow  extensions  of  time  during 
which  work  was  prevented  by  the  operation  of  law  beyond  the 
power  of  caid  applicant  to  avoid.  '11,  p.  3. 

1288x14.  Aggrieved  party  may  bring  action.  Any  applicant 
or  protestant  who  is  dissatisfied  with  the  action  of  the  State 
Engineer  may  bring  an  action  in  the  District  Court  of  the 
county  in  which  the  point  of  diversion  of  water  proposed  to  be 
appropriated  is  situated,  for  the  purpose  of  adjudicating  the 
questions  involved.  Such  action  must  be  brought  within  sixty 
days  of  notice  of  the  action  of  the  State  Engineer,  and  if  not 
brought  within  that  time,  the  Engineer  shall  proceed  in  accord- 
ance with  the  action  taken  thereon  by  him.  But  if  such  action 
be, brought  within  said  time,  notice  thereof  shall  be  filed  with 
the  State  Engineer,  and  thereafter  he  shall  take  no  further 
action  upon  said  application  or  protest  until  the  questions 
involved  are  determined  by  the  courts.  Upon  the  determination 
of  the  case  by  the  courts,  the  clerk  of  the  district  court  in 
which  the  decree  is  filed  shall  immediately  file  a  certified  copy 
thereof  with  the  State  Engineer,  and  thereupon  he  shall  proceed 
in  accordance  with  such  decree. 

And  it  is  further  provided  that  in  any  case  where  a  decision 
of  the  State  Engineer  is  involved,  the  individual,  corporation  or 
association  affected  by  such  decision,  shall  have  sixty  days  to 
appeal  therefrom  to  the  District  Court,  counting  from  the  date 
when  notice  of  said  decision  is  given  to  said  individual,  corpora- 
tion, or  association.  If  an  appeal  be  taken,  the  individual,  cor- 
poration or  association  making  such  appeal  shall  immediately 
notify  the  State  Engineer  thereof,  and  thereafter  the  State 
Engineer  shall  take  no  further  action  in  the  case  until  the  court 
has  passed  upon  the  questions  involved.  Immediately  upon  the 
issuance  of  the  decree  of  the  court  in  such  case,  a  copy  thereof 
shall  be  filed  with  the  State  Engineer  by  the  clerk  of  said 


26 

court,  and  thereafter  the  State  Engineer  shall  proceed  in  accord- 
ance with  such  decree.  If  no  appeal  be  taken  within  the  time 
specified,  the  decision  of  the  State  Engineer  shall  be  final. 
Should  no  notification  of  appeal  be  filed  with  the  State  Engineer, 
as  provided  in  this  section,  he  shall  proceed  as  if  no  appeal  were 
taken. 

1288x15.  State  Engineer  to  notify  applicant.  Upon  com- 
pletion of  work  proof  and  map  must  be  filed.  Sixty  days  before 
the  date  set  for  the  completion  of  the  works  to  divert  the 
water  sought  to  be  appropriated,  the  State  Engineer  shall  notify 
the  applicant  by  registered  mail  of  the  date  when  proof  of  com- 
pletion of  works  shall  be  due. 

On  or  before  the  date  set  for  completing  the  works  to  divert 
the  water  in  accordance  with  his  application  therefor,  the  appli- 
cant shall  make  proof  thereof,  by  filing  in  the  State  Engineer's 
office,  on  blanks  to  be  furnished  by  the  State  Engineer,  a  state- 
ment descriptive  of  the  work  done.  Said  statement  shall  be 
sworn  to  by  the  applicant  and  by  two  disinterested  witnesses, 
one  of  whom  shall  be  a  reputable  hydraulic  engineer  and  shall 
be  accompanied  by  a  map,  profile  and  drawings,  which  shall  be 
made  on  tracing  linen  and  shall  show  fully  and  correctly,  the 
location  with  reference  to  the  United  States  land  surveys;  the 
nature  and  extent  of  the  completed  works;  the  natural  stream 
or  source  from  which  and  the  place  where  the  water  is  diverted; 
the  place  and  manner  of  connecting  with  other  works  or 
streams;  the  ground  and  grade  lines,  the  cross-sections  and 
dimensions  of  the  various  forms  of  the  diverting  channel;  the 
character  of  the  materials  moved  and  used  in  construction;  the 
several  appliances  used  to  divert,  measure  and  regulate  the 
water;  the  character  of  all  structures  which  cross,  support  or 
constitute  the  diverting  channel  or  any  part  of  it  and  such  other 
matter  as  will  fully  and  correctly  delineate  the  work  done  and 
conform  to  the  general  rules  and  regulations  of  the  State  Engi- 
neer's office.  The  map,  profile  and  drawings  shall  be  certified 
to  under  oath,  by  the  engineer  who  has  made  the  same  and 
by  the  applicant  whose  works  they  represent,  said  certificates  to 
be  substantially  of  such  form  as  the  State  Engineer  shall  by 
general  rule  prescribe.  As  soon  as  proof  of  completion  of  the 
works  has  been  accepted  and  approved,  the  State  Engineer  shall 
endorse  such  acceptance  and  approval  upon  the  applicant's  cer> 
tificate  of  proof,  which  shall  then  be  a  record  of  the  completion 


27 

of  the  works  to  divert  the  water  sought  to  be  appropriated. 
Proof  made  subsequent  to  the  date  set  for  the  completion  of  the 
works  shall  cause  the  postponement  of  the  priority  from  the 
date  of  the  original  application  to  the  date  when  the  proof  is 
made  and  the  applications  subsequent  in  time  shall  have  the 
benefit  of  such  postponement  of  priority;  provided,  that  in  case 
of  works  constructed  by  the  National  government,  the  official 
plans,  maps  and  specifications  approved  by  the  proper  officer 
of  the  Reclamation  Service  shall  be  accepted  as  a  full  compliance 
with  the  requirements  of  this  section,  relating  to  maps,  profiles 
and  drawings.  '03,  p.  100;  '05,  p.  115;  '09,  pp.  88,  89;  '15,  p.  117. 

Certificate  of  Appropriation.     Effect  of. 

1288x16.  State  Engineer  to  notify  Applicant.  Sixty  days 
before  the  date  set  for  the  application  of  the  water  to  a  bene- 
ficial use,  the  State  Engineer  shall  notify  the  applicant  by  reg- 
istered mail  when  proof  of  application  of  the  water  to  a  bene- 
ficial use  shall  be  due.  Upon  it  being  made  to  appear  to  the 
satisfaction  of  the  State  Engineer  that  an  appropriation  has 
been  perfected  in  accordance  with  the  application  therefor,  and 
that  the  water  applied  for  has  been  put  to  a  beneficial  use,  it 
shall  be  the  duty  of  the  State  Engineer  to  issue  a  certificate,  in 
duplicate,  to  the  party  making  the  same,  setting  forth  the  name 
and  postoffice  address  of  the  person,  corporation  or  association 
by  whom  the  water  is  to  be  used;  the  quantity  of  water  in  acre 
feet  or  the  flow  of  water  in  second  feet;  the  purpose  for  which 
the  water  is  to  be  used;  the  time  during  which  the  water  is  to 
be  used  each  year;  the  name  of  the  stream  or  source  from  which 
the  water  is  to  be  diverted;  the  place  on  the  stream  or  source 
where  the  water  is  to  be  diverted;  the  date  of  the  appropriation; 
and  such  other  matter  as  will  fully  and  completely  define  the 
extent  and  conditions  of  actual  application  of  the  water  to  a 
beneficial  use;  in  no  manner,  however,  shall  the  certificate  ex- 
tend the  rights  described  in  the  application,  as  further  defined 
by  the  certificate  of  completion.  Failure  to  make  proof  of  bene- 
ficial use  of  the  water  on  or  before  the  date  set  therefor,  shall 
cause  the  postponement  of  the  priority  from  the  date  fixed 
theretofore,  to  the  date  when  the  proof  of  beneficial  use  of  the 
water  is  made  and  applications  subsequent  in  time  shall  have 
the  benefit  of  such  postponement  of  priority.  One  copy  of  said 


28 

certificate  shall  be  filed  in  the  office  of  the  State  Engineer,  and 
the  other  copy  shall  be  delivered  to  the  appropriator  and  shall 
within  thirty  days  be  recorded  by  him  in  the  office  of  the  county 
recorder  of  the  county  where  the  water  is  diverted  from  the 
natural  stream  or  source.  The  certificate  so  issued  and  filed 
shall  be  prima  facie  evidence  of  the  appropriator's  right  to  the 
use  of  the  water  in  the  quantity,  for  the  purpose  and  during  the 
time  mentioned  therein  and  shall  be  evidence  of  such  right. 
The  provisions  of  this  section  shall  refer  to  all  certificates  issued 
by  the  State  Engineer.  Approved  March  17,  1915.  '03,  p.  101; 
'05,  p.  159;  '09,  pp.  89,  90.  '15,  p.  118. 

1288x17.  Priority.  The  priority  number  of  an  appropria- 
tion shall  be  determined  by  the  date  of  receiving  the  written 
application  in  the  State  Engineer's  office,  except  as  provided  in 
sections  1288x15  and  1288x16  hereof.  Rights  claimed  under  ap- 
plications for  the  appropriation  of  water  may  be  transferred  or 
assigned  by  instruments  in  writing.  Such  instruments  when 
asknowledged  or  proven  and  certified  in  the  manner  provided 
by  law  for  the  acknowledgment  or  proving  of  conveyances  of 
real  estate,  may  be  filed  and  recorded  in  the  office  of  the  State 
Engineer,  and  shall  from  the  time  of  filing  the  same  for  record 
in  said  office  impart  notice  to  all  persons  of  the  contents  thereof. 
For  recording  any  such  instrument  the  State  Engineer  shall 
collect  the  same  fees  as  are  allowed  by  law  to  county  recorders 
for  like  service,  in  addition  to  the  fee  for  filing.  '03,  p.  101; 
'05,  p.  159;  '09,  p.  90. 


CHAPTER  3. 
General   Provisions  Concerning   Water. 

1288x18.  Waters  public  property.  The  water  of  all  streams 
and  other  sources  in  this  State,  whether  flowing  above  or  under 
the  ground,  in  known  or  defined  channels,  is  hereby  declared  to 
be  the  property  of  the  public,  subject  to  all  existing  rights  to 
the  use  thereof.  '03,  p.  101;  '05,  p.  159. 

1288x19.  Standard  of  measurement.  The  standard  unit  of 
measurement  of  the  flow  of  water  shall  be  the  discharge  of  one 
cubic  foot  per  second  of  time,  which  shall  be  known  as  a  second 
foot;  and  the  standard  unit  of  measurement  of  the  volume  of 


29 

water  shall  be  the  acre  foot,  being  the  amount  of  water  upon 
an  acre  covered  one  foot  deep,  equivalent  to  forty-three  thousand 
five  hundred  and  sixty  cubic  feet.  R.  S.  '98,  Sec.  1282,  1283;  '01, 
p.  143;  '03,  p.  101;  '05,  p.  160. 

1288x20.  Beneficial  use.  Beneficial  use  shall  be  the  basis, 
the  measure,  and  the  limit  of  all  rights  to  the  use  of  water  in 
this  State.  R.  S.  '98,  Sec.  1262;  '03,  p.  101;  '05,  p.  160. 

1288x21.  Eminent  domain.  The  use  of  water  for  beneficial 
purposes,  as  provided  in  this  Title,  is  hereby  declared  to  be  a 
public  use.  Any  person,  corporation,  or  association  shall  have 
a  right  of  way  across  and  upon  public,  private,  and  corporate 
lands,  or  other  right  of  way,  for  the  construction,  maintenance, 
repair,  and  use  of  all  necessary  reservoirs,  dams,  water  gates, 
canals,  ditches,  flumes,  tunnels,  or  other  means  of  securing, 
storing,  and  conveying  water  for  irrigation  or  for  any  necessary 
public  use,  or  for  drainage,  upon  payment  of  just  compensation 
therefor,  but  such  right  of  way  shall  in  all  cases  be  exercised  in 
a  manner  not  to  unnecessarily  impair  the  practical  use  of  any 
other  right  of  way,  highway,  or  public  or  private  road,  nor  to 
unnecessarily  injure  any  public  or  private  property.  Such  right 
may  be  acquired  in  the  manner  provided  by  law  for  the  taking 
of  private  property  for  public  use.  R.  S.  '98,  Sec.  1277;  '03,  p. 
103;  '05,.(p.  160. 

1288x22.  Id.  Right  to  enlarge  existing  canal.  When  any 
person,  corporation,  or  association  desires  to  convey  water  for 
irrigation  or  any  other  beneficial  purpose,  and  there  is  a  canal 
or  ditch  already  constructed  that  can  be  enlarged  to  convey  the 
required  quantity  of  water,  then  such  person,  corporation,  or 
association,  or  the  owner  or  owners  of  the  land  through  which 
a  new  canal  or  ditch  would  have  to  be  constructed  to  convey  the 
quantity  of  water  necessary,  shall  have  the  right  to  enlarge  said 
canal  or  ditch  already  constructed,  by  compensating  the  owner 
of  the  canal  or  ditch  to  be  enlarged,  for  the  damage,  if  any, 
caused  by  said  enlargement;  provided,  that  said  enlargement 
shall  be  done  at  any  time  from  the  first  day  of  October  to  the 
first  day  of  March,  or  any  other  time  that  may  be  agreed  upon 
with  the  owner  of  said  canal  or  ditch.  R.  S.  '98,  Sec.  1278;  '03, 
p.  103;  '05,  p.  160. 

1288x23.  Water  reverts  upon  abandonment.  When  the 
appropriator  or  his  successor  in  interest  abandons  or  ceases 


30 

to  use  water  for  a  period  of  seven  years,  the  right  ceases,  and 
thereupon  such  water  reverts  to  the  public,  and  may  be  again 
appropriated,  as  provided  in  this  Title;  but  questions  of  aban- 
donment shall  be  questions  of  fact,  and  shall  be  determined  as 
are  other  questions  of  fact.  R.  S.  '98,  Sec.  1262;  '03,  p.  101; 
'05,  p.  160. 

1288x24.  Place  of  diversion  may  be  changed.  Vested  rights 
protected.  Any  person,  corporation,  or  association  entitled  to 
the  use  of  water,  may  change  the  place  of  diversion  and  may 
use  the  water  for  other  purposes  than  those  for  which  it  was 
originally  appropriated,  but  no  such  change  shall  be  made,  if  it 
impairs  any  vested  right,  without  just  compensation;  no  change 
of  point  of  diversion  or  purpose  of  use  shall  be  made  except  on 
the  approval  of  an  application  of  the  owner  by  the  State  Engi- 
neer. Before  the  approval  of  an  application  the  State  Engineer 
must,  at  the  expense  of  the  applicant,  to  be  paid  in  advance, 
give  notice  thereof  by  publication  in  some  newspaper  having 
general  circulation  within  the  boundaries  of  the  river  system  or 
water  source  in  which  the  point  of  diversion  of  the  water  is 
located;  such  notice  shall  give  the  name  of  the  applicant,  the 
quantity  of  water  involved,  the  stream  or  source  from  which 
the  appropriation  has  been  made,  the  point  on  the  stream  or 
source  where  the  water  is  diverted,  the  point  to  which  it  is 
proposed  to  change  the  diversion  of  the  water,  the  place,  pur- 
pose and  extent  of  present  use,  and  the  place,  purpose  and  the 
extent  of  proposed  use.  Said  notice  to  be  published  at  least 
once  a  week  for  a  period  of  thirty  days.  Any  person,  corpora- 
tion or  association  interested,  may  at  any  time  within  thirty 
days  after  the  completion  of  the  publication  of  said  notice,  file 
with  the  State  Engineer  a  protest  against  the  granting  of  said 
application  for  change  of  point  of  diversion  or  purpose  of  use, 
stating  the  reason  therefor,  which  shall  be  duly  considered  by 
the  State  Engineer  who  shall  approve  or  reject  said  application 
for  change  of  point  of  diversion  or  purpose  of  use.  Such  appli- 
cation shall  not  be  rejected  solely  for  the  reason  that  such 
change  would  impair  vested  rights  of  others,  but  the  application 
if  otherwise  proper  may  be  approved  conditionally  upon  such 
conflicting  rights  being  acquired.  The  determination  of  the 
State  Engineer  shall  be  final  unless  appeal  is  taken  to  the  dis- 
trict court  of  the  county  in  which  the  point  of  diversion  of 
water  is  situated,  within  sixty  days  of  notice  of  action  of  the 


31 

State  Engineer.  Any  person  holding  an  approved  application 
for  the  appropriation  of  water  may  change  the  point  of  diversion 
or  place  of  use  under  proceedings  taken  substantially  as  above 
set  forth.  R.  S.  '98,  Sec.  1263;  '03,  p.  102;  '05,  p.  160;  '09,  pp. 
90,  91. 

1288x25.  Water  may  be  commingled  and  recovered.  Any 
appropriated  water  may  be  turned  into  the  channel  of  any 
natural  stream,  or  into  a  reservoir  constructed  across  the  bed 
of  any  natural  stream,  and  commingled  with  its  waters  and  then 
be  taken  out,  either  above  or  below  the  point  where  emptied 
into  the  channel,  but,  in  so  doing,  the  original  water  in  such 
stream  or  reservoir  must  not  be  diminished  in  quantity  or 
deteriorated  in  quality. 

1288x26.  Headgates.  Every  person,  corporation,  or  asso- 
ciation using  water  in  this  State  shall  construct  and  maintain 
a  substantial  headgate  at  the  point  where  the  water  is  diverted, 
and  a  measuring  device,  as  near  the  head  of  the  diverting  chan- 
nel as  is  practicable,  for  the  purpose  of  regulating  and  meas- 
uring the  quantity  of  water  that  may  be  diverted  into  the  chan- 
nel from  the  stream  or  other  source.  Said  headgate  and  meas- 
uring device  shall  be  of  such  pattern  as  the  State  Engineer 
shall  approve,  and  shall  be  constructed  within  thirty  days  after 
request  from  him.  Any  person,  corporation,  or  association  fail- 
ing to  comply  with  the  provisions  of  this  section  shall  be  guilty 
of  a  misdemeanor,  and  the  State  Engineer  is  hereby  authorized 
to  furnish  plans  and  bills  of  material  for  such  devices,  at  the 
expense  of  the  State,  when  in  his  judgment  the  use  of  such 
devices  will  be  encouraged  thereby.  '01,  p.  145;  '03,  p.  102;  '05, 
p.  161. 

1288x27.  Priority  among  appropriators.  Appropriates 
shall  have  priority  among  themselves  according  to  the  dates  of 
their  respective  appropriations,  so  that  each  appropriator  shall 
"be  entitled  to  receive  the  whole  supply  to  which  his  certificate 
entitles  him  before  any  subsequent  appropriator  shall  have  any 
right;  provided,  that  whenever  the  natural  flow  of  any  stream 
shall  have  receded  in  volume  in  the  annual  low  water  stage, 
then  the  rights  of  all  users  to  such  flow  at  such  stage  shall  be 
deemed  to  be  equal  as  to  priority,  and  the  water,  when  at  or 
below  such  stage,  shall  be  apportioned  pro  rata  among  said 
users.  But  in  times  of  scarcity,  while  priority  of  appropriation 


shall  give  the  better  rights  as  between  those  using  water  for 
the  same  purpose,  the  use  for  domestic  purposes  shall  have  pref- 
erence over  use  for  all  other  purposes,  and  use  for  agricultural 
purposes  shall  have  preference  over  use  for  any  other  purpose 
except  domestic  use.  R.  S.  '98,  Sec.  1265;  '03,  p.  102;  '05,  p.  161. 

1288x28.  Stock  may  be  taken  in  other  irrigation  companies. 
Any  irrigation  or  reservoir  company,  incorporated  and  existing 
under  the  laws  of  this  State,  may  purchase  or  subscribe  for  the 
capital  stock  of  any  other  similar  corporation  which,  at  the  time 
of  such  purchase  or  subscription,  shall  be  or  is  about  to  be 
incorporated;  provided,  that  such  purchase  or  subscription  shall 
be  made  only  when  permitted  by  the  original  articles  of  incor- 
poration or  by  amendment  thereto  proposed  and  adopted  accord- 
ing to  law,  and  such  corporations  are  hereby  permitted  and 
authorized  to  amend  their  articles  of  incorporation  so  as  to 
authorize  such  purchase  or  subscription.  R.  S.  '98,  Sec.  1276; 
'03,  p.  102;  '05,  p.  162. 

1288x29.  Ditches  must  be  kept  in  repair  to  prevent  damage. 
The  owner  or  owners  of  any  ditch,  canal,  flume,  or  other  water 
course  shall  maintain  the  same  in  repair,  so  as  to  prevent  waste 
of  water  or  damage  to  the  property  of  others.  Such  persons 
are  required,  by  bridge  or  otherwise,  to  keep  such  ditch,  canal, 
flume,  or  other  water  course  in  good  repair  where  the  same 
crosses  any  public  road  or  highway,  so  as  to  prevent  obstruc- 
tion to  travel,  or  damage  or  overflow  to  such  public  road  or 
highway.  R.  S.  '98,  Sec.  1279;  '03,  p.  103;  '05,  p.  162. 

1288x30.  Each  person  or  corporation  liable  for  proportionate 
expenses.  When  two  or  more  persons,  companies,  or  corpora- 
tions are  associated,  by  agreement  or  otherwise,  in  the  use  of 
any  dam,  canal,  reservoir,  ditch,  flume,  or  other  means  of  con- 
serving or  conveying  water  for  the  irrigation  of  land,  or  for 
other  purposes,  each  of  them  shall  be  liable  to  the  other  for  the 
reasonable  expenses  of  maintaining,  operating,  and  controlling 
the  same,  in  proportion  to  the  share  in  the  use  or  ownership 
of  the  water  to  which  he  is  entitled.  If  any  person,  company, 
or  corporation  refuses  or  neglects  to  pay  his  proportion  of  such 
expense,  after  five  days'  notice  in  writing  demanding  such  pay- 
ment, he  shall  be  liable  therefor  in  an  action  for  contribution; 
provided,  that  in  any  company  or  corporation  owning  or  con- 
trolling more  than  one  canal  or  ditch,  for  the  purpose  of  improv- 


33 

ing  or  keeping  the  same  in  repair,  the  users  of  water  shall  not 
be  required  to  pay  any  expenses  or  assessments  in  any  canal  or 
ditch,  other  than  the  one  in  which  they  are  directly  interested. 
R.  S.  '98,  Sec.  1280;  '03,  p.  103;  '05,  p.  162. 

1288x31.  Water  rights  appurtenant  to  land  under  govern- 
ment works.  All  water  hereafter  appropriated  for  irrigation 
purposes  from  works  constructed  or  controlled  by  the  United 
States  shall  be  appurtenant  to  specified  lands  owned  or  occu- 
pied by  the  persons  claiming  the  right  to  use  the  water,  so  long 
as  the  water  is  used  beneficially  thereon;  provided,  that  if  for 
.any  reason  it  should  at  any  time  become  impracticable  to  use 
water  beneficially  or  economically  for  the  irrigation  of  any  land 
to  which  the  right  of  the  same  is  appurtenant,  said  right  may  be 
severed  from  said  land,  and  simultaneously  transferred,  and  be- 
come appurtenant  to  other  land,  without  losing  priority  of  right 
theretofore  established,  if  such  change  can  be  made  without 
detriment  to  existing  rights;  and  in  case  of  such  change,  the 
owner  of  such  water  right  shall  execute  and  acknowledge  a 
proper  instrument  of  transfer  describing  therein  the  land  from 
and  to  which  such  water  is  transferred,  which  instrument  shall 
be  recorded  in  the  county  recorder's  office  of  the  county  in  which 
the  land  is  situated.  '05,  p.  162. 

1288x32.  Rights  to  water  pass  with  land.  Exceptions.  A 
right  to  the  use  of  water  appurtenant  to  the  land  shall  pass  to 
the  grantee  of  such  land,  and,  in  cases  where  such  right  has 
been  exercised  in  irrigating  different  parcels  of  land  at  different 
times,  such  rights  shall  pass  to  the  grantee  of  any  parcel  of 
land  on  which  such  right  was  exercised  next  preceding  the  time 
of  the  execution  of  any  conveyance  thereof;  subject,  however, 
in  all  cases  to  payment  by  grantee  of  any  such  conveyance  of 
all  amounts  unpaid  on  any  assessment  then  due  upon  any  such 
right;  provided,  that  any  such  right  to  the  use  of  water,  or  any 
part  thereof,  may  be  reserved  by  the  grantor  in  any  such  con- 
veyance, by  making  such  reservation  in  express  terms  inserted 
in  such  conveyance,  or  may  be  seperately  conveyed.  R.  S.  '98, 
Sec.  1281;  '03,  p.  104;  '05,  p.  163. 

1288x33.  Water  rights  transferred  by  deed.  Exceptions. 
Water  rights  shall  be  transferred  by  deeds,  in  substantially  the 
same  manner  as  real  estate,  except  when  they  are  represented 
by  shares  of  stock  in  a  corporation,  and  such  deeds  shall  be 
recorded  in  the  office  of  the  recorder  of  the  county  where  the 


34 

place  of  diversion  of  the  water  from  its  natural  channel  is  sit 
uated.  Every  deed  of  water  right  so  recorded  shall,  from  the 
time  of  filing  the  same  with  the  recorder  for  record,  impart 
notice  to  all  persons  of  the  contents  thereof,  and  subsequent 
purchasers,  mortgagees,  and  lien  holders  shall  be  deemed  to 
purchase  and  take  with  notice.  '03,  p.  104;  '05,  p.  163. 

1288x34.  Id.  Deeds  must  be  recorded.  Every  deed  of  water 
right  within  this  State  hereafter  made,  which  shall  not  be 
recorded  as  provided  in  this  title,  shall  be  void  as  against  any 
subsequent  purchaser  in  good  faith,  and  for  a  valuable  consid- 
eration, of  the  same  water  right,  or  any  portion  thereof,  where 
his  own  deed  shall  be  duly  recorded.  '03,  p.  104;  '05,  p.  163. 

1288x35.  Penalty.  Any  person,  corporation,  or  association 
who  shall  in  any  way  interfere  with,  injure,  destroy,  or  remove 
any  dam,  headgate,  weir,  or  other  appliance  for  the  diversion, 
apportionment,  or  measurement  of  water,  or  who  shall  interfere 
with  any  of  the  persons  authorized  by  this  title  to  apportion 
water,  while  in  the  discharge  of  their  duties,  shall  be  guilty  of  a 
misdemeanor,  and  shall  also  be  liable  in  damages  to  any  person 
injured  by  such  unlawful  act.  '03,  p.  104;  '05,  p.  163. 

1288x36.  Obstructions  to  right  of  way  forbidden.  When- 
ever any  person,  corporation,  or  association  has  the  right  of 
way  for  canals  or  other  water  courses,  it  shall  be  unlawful  for 
any  person  to  place  or  maintain  in  place  any  obstruction,  by 
fence  or  otherwise,  along  or  across  such  canals  or  water  courses, 
without  providing  gates  sufficient  for  the  passage  of  the  owners 
of  such  canals  or  water  courses  or  their  agents.  Any  person, 
corporation,  or  association  violating  the  provisions  of  this  sec- 
tion shall  be  guilty  of  a  misdemeanor.  R.  S.  '98,  Sec.  1286;  '03, 
p.  104;  '05,  p.  163. 

1288x37.  Legal  Advisers  to  State  Engineer.  In  all  matters 
requiring  legal  advice  in  the  performance  of  his  duties  and  the 
prosecution  or  defense  of  any  action  growing  out  of  the  per- 
formance of  his  duties,  the  Attorney  General  of  the  State,  and 
the  district  attorney  of  the  district  in  which  any  legal  question 
arises,  shall  be  the  legal  advisers  of  the  State  Engineer,  and 
they  are  hereby  required  to  perform  any  and  all  legal  services 
required  of  them  by  him,  without  other  compensation  than  their 
salaries  now  or  hereafter  fixed  by  law.  '03,  p.  105;  '05,  p.  164. 

1288x38.  Assistants  and  equipment.  For  the  purpose  of 
carrying  into  effect  the  provisions  of  this  title  the  State  Engi- 


35 

neer  shall  have  power  to  employ  all  necessary  assistants,  pur- 
chase all  necessary  equipment,  and  do  all  other  necessary  things, 
the  cost  of  which  shall  be  paid  by  the  State,  upon  presentation 
to  the  State  Auditor  of  monthly  statements,  certified  by  the 
State  Engineer  and  approved  by  the  State  Board  of  Examiners; 
provided,  that  no  expense  shall  be  incurred  by  the  State  Engi- 
neer in  the  performance  of  his  duties  which  will  exceed  the 
amount  appropriated  for  that  purpose.  '01,  p.  142;  '03,  p.  105; 
'05,  p.  165. 

1288x39.  Fees  of  referee  and  stenographer.  The  fees  of 
referee  and  stenographer  shall  be  fixed  by  the  court,  and,  to- 
gether with  any  other  expenses  not  herein  provided  for  that 
may  be  incurred  in  carrying  out  the  provisions  of  this  title,  shall 
be  paid  out  of  the  State  Treasury,  upon  certificates  from  the 
proper  district  judge  to  the  State  Auditor  of  the  amount  due 
each  person  for  such  service.  '30,  p.  105;  '05,  p.  165. 

1288x40.  Who  may  be  made  parties  to  action.  Damages 
joint  ownership.  In  any  action  hereafter  commenced  for  the 
protection  of  rights  acquired  to  water  under  the  laws  of  this 
State,  the  plaintiff  may  make  any  or  all  persons  who  have  di- 
verted water  from  the  same  stream  or  source  parties  to  such 
action,  and  the  court  may  in  one  judgment  settle  the  relative 
priorities  and  rights  of  all  the  parties  to  such  action.  When 
damages  are  claimed  for  the  wrongful  diversion  of  water  in  any 
such  action,  the  same  may  be  assessed  and  apportioned  by  the 
jury  in  their  verdict,  or  by  the  court  if  the  case  be  tried  without 
a  jury,  and  judgment  thereon  may  be  entered  for  or  against  one 
or  more  of  several  plaintiffs,  or  for  or  against  one  or  more  of 
.several  defendants,  and  may  determine  the  ultimate  rights  of 
the  parties  between  themselves.  In  any  action  concerning  joint 
water  rights,  or  joint  rights  in  water  ditches,  unless  partition 
of  the  same  is  asked  by  the  parties  to  the  action,  the  court  shall 
hear  and  determine  such  controversy  as  if  the  same  were  sev- 
eral as  well  as  joint.  R.  S.  '98,  Sec.  1274;  '03,  p.  105;  '05,  p.  165. 

1288x41.  Effect  of  certain  repeal.  The  repeal  by  the  Re- 
vised Statutes  of  sections  2403-2427,  both  inclusive,  of  the  Com- 
piled Laws  of  Utah,  1888,  shall  not  be  construed  to  affect  the 
existence  of  any  district  or  company  organized  under  the  afore- 
said sections;  but  any  such  company  or  district  shall,  notwith- 
standing such  repeal,  continue  in  existence  with  all  the  rights, 
privileges,  and  limitations  heretofore  conferred  or  imposed  upon 


36 

it  by  law,  until  disincorporated  or  dissolved  according  to  law. 
In  any  case  in  which  an  irrigation  company  or  district  shall 
have  a  right  of  action  against  a  delinquent  member  of  such  com- 
pany or  district  for  the  non-payment  of  taxes  voted  according  to 
law  the  board  of  directors  thereof  may  proceed  to  sell  the  in- 
terest of  such  member  in  the  canals  or  ditches  of  such  company 
or  district  and  his  right  to  the  use  of  the  water  flowing  therein. 
R.  S.  '98,  Sec.  1287;  '03,  p.  106;  '05,  p.  165. 

1288x42.  Dissolution  of  irrigation  districts.  Whenever  a 
petition  is  presented  to  the  board  of  trustees  of  any  irrigation 
company  or  district  organized  under  section  2403-2427,  C.  L.  U. 
1888,  signed  by  one-fourth  of  the  landholders  in  the  district, 
asking  for  the  abandonment  of  further  operations  by  the  com- 
pany or  district,  the  board  of  trustees  thereof  shall  call  a  special 
meeting  at  which  the  question  of  such  abandonment  shall  be 
submitted.  Notice  of  the  time  and  place  and  subject  of  such 
meeting  shall  be  given  by  the  board  of  trustees  of  the  district 
at  least  ten  days  previous  thereto  by  advertising  at  least  three 
times  in  some  newspaper  having  general  circulation  in  the  dis- 
trict, or  by  posting  notices  in  three  public  places  therein.  If 
three-fifths  of  the  landholders  of  the  district  voting  at  such  elec- 
tion shall  vote  for  such  abandonment,  it  shall  be  the  duty  of  the 
board  of  trustees  to  petition  the  district  court  of  the  county  in 
which  the  greater  portion  of  the  lands  of  the  district  are  sit- 
uated for  the  winding  up  of  the  affairs  of  such  company  or  dis- 
trict; and  thereafter  proceedings  shall  be  had  which  shall  con- 
form as  nearly  as  may  be  with  the  proceedings  for  the  voluntary 
dissolution  of  corporations.  R.  S.  '98,  Sec.  1288;  '03,  p.  71;  '05, 
p.  166. 

1288x43.  "Received"  and  "filed"  defiined.  Whenever  the 
word  "received"  is  used  in  this  title,  with  reference  to  any  paper 
deposited  in  the  office  of  the  State  Engineer,  it  shall  be  deemed 
to  mean  the  date  when  such  paper  was  first  received  at  the  State 
Enigeer's  office;  and  whenever  the  term  "filed"'  is  used  in  such 
reference,  it  shall  be  deemed  to  mean  the  date  when  such  paper 
was  completed  and  filed  in  said  office.  '05,  p.  166. 

1288x44.  Repeal.  Chapter  100  of  the  laws  of  Utah,  1903, 
and  all  other  laws  and  parts  of  laws  in  conflict  with  the  pro- 
visions of  this  Title,  are  hereby  repealed;  but  such  repeal  shall 
not  affect  any  vested  rights,  and  any  person,  corporation,  or 


37 

association  who  may  have  heretofore  filed  notice  of  appropria- 
tion of  water,  or  initiated  any  right  under  the  provisions  of 
said  law,  or  any  other  law  heretofore  in  force  in  this  state,  may 
complete  and  perfect  such  appropriation  or  right  in  the  same 
manner  and  with  like  effect  as  if  this  repeal  had  not  been 
made;  and  such  right  may  be  perfected  in  accordance  with  the 
provisions  of  the  law  under  which  the  right  was  initiated  or 
under  the  provisions  of  this  Title;  nor  shall  such  repeal  prevent 
the  water  commissioner  appointed  under  the  Act  of  1901  from 
performing  the  duties  therein  prescribed,  until  they  are  super- 
seded by  the  appointment  of  division  superintendents  and  dis- 
trict supervisors  as  provided  in  this  Title,  and,  if  necessary, 
other  water  commissioners  may  be  appointed  in  the  manner 
provided  in  said  title,  to  serve  until  they  are  superseded,  as 
provided  therein.  '05,  p.  166. 


970x.  Fees  of  State  Engineer.  The  State  Engineer  shall 
collect  the  following  fees,  which  shall  be  paid  by  him  into  the 
state  treasury  on  the  first  Monday  in  January,  April,  July  and 
October  of  each  year: 

For  examining  and  approving  plans  and  specifications  for 
any  dam,  one  dollar  for  each  and  every  foot  in  height  of  the 
dam  to  be  built;  and,  if  necessary  to  inspect  the  site  where  the 
dam  is  to  be  built,  an  additional  charge  of  ten  dollars  per  day 
and  expenses  shall  be  made. 

For  inspecting  any  diverting  works  by  request,  ten  dollars 
per  day  and  expenses. 

For  examining  and  filling  applications  to  appropriate  any 
quantity  of  water  up  to  and  including  ten  cubic  feet  per  second, 
for  each  such  application  two  and  one-half  dollars. 

Application  for  water  that  specify  quantities  greater  than 
ten  cubic  feet  per  second,  a  fee  of  one  dollar  for  each  cubic  foot 
above  the  the  cubic  feet  hereinbefore  mentioned. 

For  applications  which  contemplate  the  storage  of  water,  a 
minimum  fee  of  two  and  one-half  dollars  for  each  such  applica- 
tion. 

Application  for  water  that  specify  quantities  greater  than 
five  hundred  acre-feet,  a  fee  of  two  cents  for  each  acre-foot  of 
water  to  be  stored  in  excess  of  five  hundred  acre-feet. 


38 

Provided,  however,  that  when  the  filing  fee  for  any  appli- 
cation for  water  shall  exceed  $1,000,  the  balance  of  the  fee  in 
excess  of  $1,000  may,  at  the  option  of  the  applicant,  be  paid 
at  the  time  when  proof  of  the  completion  of  the  works  is  sub- 
mitted. 

For  examining  map,  profile  and  drawings  that  are  part  of 
the  proof  of  appropriation,  five  dollars. 

For  approving  and  recording  completed  applications,  two 
and  one-half  dollars. 

For  issuing  certificates  of  appropriation,  each,  one  dollar. 

For  examining  and  filing  notices  of  protest,  each,  two  and 
one-half  dollars. 

For  filing  any  other  paper,  one  dollar. 

Affidavits,  decrees,  and  other  instruments  attached  to  a 
protest  shall  be  considered  other  papers  within  the  meaning  of 
this  section,  and  for  each  such,  a  fee  of  one  dollar  shall  be 
charged. 

For  certified  copy  of  any  paper,  per  folio,  twenty  cents. 

For  blue  print  copy  of  any  map,  profile  or  drawing,  per 
square  foot,  ten  cents. 

For  each  certificate  to  copy  of  paper,  drawing  or  map,  fifty 
cents;  provided,  that  the  provisions  of  Section  970x  shall  not 
apply  to  works  prosecuted  under  the  supervision  of  the  United 
States  Reclamation  Service. 

Sec.  2.      This  act  shall  take  effect  upon  approval. 

Approved  January  31,  1911. 


CHAPTER  84. 
IRRIGATION  AND  WATER  RIGHTS  COMMISSION. 


An  Act  Creating  a  State  Board  to  Be  Known  as  the  "Irrigation 
and  Water  Rights  Commission,"  Fixing  the  Manner  of  Ap- 
pointment and  the  Compensation  of  the  Members  Thereof, 
and  Prescribing  Their  Powers  and  Duties. 


Be  it  enacted  by  the  Legislature  of  the  State  of  Utah: 

Section  1.  Commission  created.  Membership.  Term.  A 
Board  of  Commissioners  is  hereby  created  to  be  known  as  the 
"Irrigation  and  Water  Rights  Commission,"  which  shall  consist 


39 

of  five  members,  the  State  Engineer,  the  Attorney  General,  the 
President  of  the  Agricultural  College,  and  two  members  ap- 
pointed by  the  Governor,  one  of  whom  shall  be  a  practical  irri- 
gator,  and  one  of  whom  shall  be  a  person,  who  in  the  past  has 
dealt  with  the  water  rights  and  the  development  of  the  water 
resources  of  the  State.  The  term  of  the  appointive  members 
shall  expire  November  1,  1916. 

Section  2.  Organization.  Quorum.  The  officers  of  said 
commission  shall  be  a  chairman  and  a  secretary.  Three  mem- 
bers of  said  commission  shall  constitute  a  quorum  for  the 
transaction  of  business.  Within  thirty  days  after  its  appoint- 
ment, said  members  of  the  commission  shall  meet  at  the  State 
Engineer's  office  and  organize  by  electing  one  of  their  number 
chairman,  and  one  of  their  number  secretary. 

Section  3.  Compension.  Expenses.  The  State  Engineer, 
the  Attorney  General,  and  the  President  of  the  Agricultural  Col- 
lege shall  receive  no  compensation  for  their  services  upon  said 
commission.  The  two  remaining  members  appointed  by  the  Gov- 
ernor shall  each  receive  a  compensation  of  $4.00  per  day  for 
each  day  that  actual  services  are  rendered.  Each  member  of  the 
commission  shall  receive  his  actual  necessary  expenses  in  the 
performance  of  his  official  duties. 

Section  4.  Powers  and  Duties.  Report  to  Legislature.  Meet- 
ings. The  duties  and  powers  of  the  commisison  shall  be  as 
follows : 

To  make  a  careful  and  complete  investigation  of  the  con- 
ditions existing  throughout  the  State  with  respect  to  irriga- 
tion and  water  rights  with  a  view  of  ascertaining  what  changes 
in  the  present  irrigation  and  water  right  laws  are  expedient 
and  desirable. 

To  study  and  investigate  the  irrigation  and  water  laws  of 
other  states  with  a  view  of  ascertaining  their  practicability. 

To  make  a  report  of  their  investigations  to  the  twelfth  ses- 
sion of  the  Legislature,  and  recommend  such  changes  in  the 
present  irrigation  and  water  right  laws  as,  in  their  judgment, 
will  improve  conditions  existing  throughout  the  State,  such  re- 
port to  be  printed  in  pamphlet  form  and  a  copy  thereof  mailed 
to  each  member  of  the  State  Legislature  and  to  each  member- 
elect  on  or  before  the  I5th  day  of  November,  1916. 

As  a  part  of  its  report,  the  commission  shall  prepare  a  bill 


40 

covering  the  appropriation,  adjudication,  and  administration  of 
water  rights  within  the  State  of  Utah,  which  said  bill  shall  be 
in  complete  form  for  introduction  in  the  twelfth  session  of  the 
Legislature. 

Said  commission  is  authorized  and  empowered  to  do  any 
and  all  things  necessary  to  make  a  full  and  complete  investiga- 
tion of  the  matters  and  things  hereinbefore  enumerated,  and  to 
that  end  to  employ  all  necessary  clerical  and  expert  assistance, 
and  to  make  all  field  investigations  necessary.  The  said  com- 
mission is  hereby  authorized  to  arrange  for  and  hold  meetings 
throughout  the  State  with  irrigators  and  people  interested  in 
water  right  legislation?  for  the  purpose  of  obtaining  information 
first-hand  as  regards  existing  conditions,  and  to  that  end  the 
commission  is  authorized  to  compel  the  production  of  records 
and  papers,  and  to  subpoena  witnesses  and  take  testimony;  and 
the  members  of  said  commission  are  hereby  authorized  to  ad- 
minister oaths  to  witnesses,  Section  4101,  Compiled  Laws  of 
Utah,  1907,  relative  to  the  attendance  and  examination  of  wit- 
nesses is  made  applicable  hereto.  County  Sheriffs  are  hereby 
authorized  and  directed  to  serve  any  and  all  subpoenas  and  or- 
ders, or  other  process  that  may  be  issued  by  the  chairman  of  said 
commission. 

Section  6.  Claims.  How  Paid.  All  claims  and  expenses 
incurred  by  the  commission  shall  be  approved  by  the  State  Board 
of  Examiners,  and  paid  by  warrants  of  the  State  Auditor. 

Section  7.  Appropriation.  There  is  hereby  appropriated  out 
of  any  moneys  in  the  State  Treasury,  not  otherwise  appropriated, 
the  sum  of  $8,000.00,  or  so  much  thereof  as  may  be  necessary  for 
the  purpose  of  this  Act. 

Approved  March  17th,  1915. 


41 


ADDENDA 

CHAPTER  137. 

STATE  CONSERVATION  COMMISSION. 

An   Act  Amending   Section   3,   Chapter   103,   Laws  of   Utah,   1909, 
Relating  to  the   Duties  of  the   Utah  State  Con- 
servation  Commission. 


Be  it  enacted  by  the  Legislature  of  the  State  of  Utah: 

Section  1.  Section  Amended.  That  Section  3,  Chapter  103, 
Laws  of  Utah,  1909,  be  and  the  same  is  hereby  amended  to  read 
as  follows: 

3.  Duties  of  Commission..  .It  shall  be  the  duty  of  said  Com- 
mission to  investigate  and  ascertain  the  natural  resources  of  the 
State,  to  adopt  and  carry  out  such  policies  and  measures  as 
will  prevent  waste  of  the  same,  and  to  co-operate  with  the  Na- 
tinal  Conservation  Commission,  Conservation  Commissions  of 
other  states,  with  departments,  bureaus,  and  officers  of  the 
United  States,  and  with  departments,  commissions  and  officers 
of  the  State  of  Utah,  in  any  way  that  shall  have  for  its  objects 
the  investigation  and  conservation  of  the  natural  resources  of 
the  State  of  Utah.  And  it  shall  also  (be)  the  duty  of  the  com- 
mission to  inquire  whether  the  waters  of  any  stream  or  other 
source  of  water  supply  situated  within  this  State  can  be  wholly 
utilized  for  irrigation  on  lands  lying  under  that  source  of  water 
supply,  and  if  not  whether  such  waters  can  be  used  for  pur- 
poses other  than  irrigation,  which  are  more  beneficial  to  the 
public  good. 

The  Commission  shall  also  inquire  whether  the  waters  of 
any  stream  or  other  source  of  water  supply,  if  utilized  for  power 
purposes,  would  interfere  with  the  storage  of  water  for  purposes 
more  beneficial  to  the  public  good. 

A  report  of  the  findings  of  the  Commission  in  such  matters- 
shall  be  made  to  the  State  Engineer. 

Approved  March  20,  1911. 


43 
INDEX 

ABANDONMENT: 

Water  reverts  upon ...  29 

Must  be  question  of  fact w 

ACTION: 

Who  may  be  made  parties  in 35 

ADJUDICATION  OF  WATER  RIGHTS: 

State  Engineer  to  bring  action,  and  how 7 

District  Court  to  have  jurisdiction 7 

Notice  to  water  claimants  to  file  statement  of  rights.   . 7 

Publication  of  Notice    .             7 

Mailing  of  Notice ....  7 

Statements  filed  by  water  claimants,  contents  of      ....  g 

Time  for  filing    .       .                        7 

For  Irrigation,  must  contain    •   •         .     .      .          ........  8 

For  Power,  must  contain           .   .          8 

For  Mining,  must  contain          9 

State  Engineer  to  tabulate  claims         .             9 

Failure  to  file  statement  bars  rights 9 

Court  to  keep  record  of  claims               9 

Court  may  t  xtend  time  for  filing  claims     ....             ......  9 

To  stand  as  pleadings 10 

May  be  amended 11 

May  be  contested .   .       .   .  11 

Time  set  for  Contest     .       .  .          11 

Referee  Appointed  to  take  Testimony 10 

Objection  to  appointment,  how  made  .             10 

Oath  of  Referee 10 

Power  of  Referee ...                10 

State  Engineer's  maps  and  records  evidence 10 

May  allow  amendments  to  statement  of  claims     11 

May  take  testimony  at  convenient  places 11 

Must  give  notice  of  time   and  place  for  taking  testimony,  and 

how  given                                        .  .                        11 

May  subpoena  witnesses 12 

To  issue  report  of  findings  to  court                        12 

To  draw  up  decree  • 12 

Court  to  act  on  referee's  decree  ...              . 12 

Notice  of  filing  of  referee's  decree  to  be  given  water  claimants.  .  12 

Water  claimants  may  protest  referee's  decree 12 

Referee  water  claimant.  District  Court  to  take  evidence 13 

District  Judge  water  claimant,  adjoining   District  Court  to  pass 

on  claims     •  •   • 13 

Decree  Entered 12 

Determinating  rights  of  all  claimants  on  system 12 

Mnst  contain 12 

May  be  appealed  from  and  how          .  .  13 

Certificate  for.  water  right  issued    .   .              ...  13 

Contents  of     .                                 13 

Recording  of 13 

Copy  to  State  Engineer 13 

Cost  of  adjudication         .  13 

How  provided  for 13,  35 

How  proportioned 14 

APPEAL : 

From  State  Engineer's  decision.   . 25 

Time  allowed  for 25 

Must  give  notice 25 

APPLICATION  FOR  WATER:  (See  appropriation  of  water) 

APPROPRIATION  OF  WATER : 

Right  to  use  of  unappropriated  water  and  how  secured 19 

Must  be  for  beneficial  purpose 19 


44 


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Priority  of  appropriators 19 

Who  may  appropriate 20 

Application  made  to  State  Engineer .   .  20 

On  blanks  furnished ....  20 

Contents  of .   .  20 

For  Irrigation 20 

For  Power ...        .   .  20 

For  Mining 20 

Record  of.  kept     ...              •       .   •          .....        21,  22 

Returned  for  correct ioo    ....           -    .   •       -  21 

Time  allowed  for  correcting 21 

Accepted . 21 

Notice,  Publication  of 21 

Protest  against  granting 22 

Approved,  When .   .       22 

Grounds  for  rejection  of 22 

Investigation  of  premises  involved,  when 23 

Costs  of  to  be  borne  by •  23 

May  refer  facts  to  District  Court  for  instructions 23 

May  require  additional  information. 23 

Construction  work  to  commence 24 

To  be  completed  by .              ...  24 

Extension  of  time  . 24 

Aggrieved  party  may  bring  action 25 

Time  allowed 25 

Must  notify  State  Engineer             •          25 

Clerks  of  Court  to  file  copy  of  Decree  with  State  Engineer  ...  25 

Proof  of  Completion  of  works ...  26 

Notice  to  be  given  when  due,  by  registered  mail 26 

Proof  of  completion  of  works  to  contain 26 

To  be  s*vorn  to  .......                 ...  26 

To  be  accompanied  by  maps  &  profile 26 

State  Engineer  to  act  on ......  26 

Submitted    after   time    limit    allowed    causes    postponement   of 

priority      27 

Maps  and  plans  of  National  Government  accepted 27 

Proof  of  beneficial  use  of  water    .      ...........        .....  27 

Notice  to  be  given  when  due,  by  registered  mail 27 

To  contain  ....                       .   .                 ...  27 

Made  after  time  limit  allowed  causes  postponement  of  priority  •  27 

Certificate  of  appropriation 27 

To  contain 27 

Copy  on  file  in  State  Engineer's  office 28 

To  be  recorded 28 

BENEFICIAL  USE 

Is  measurement  of  water  right 19,  29 

Appropriation  must  be  for  beneficial  use 19 

Proof  of 27 

BIENNIAL  REPORT  OF  STATE  ENGINEER 4 

BOND: 

Required  of  State  Engineer   . 4 

Required  of  Water  Commissioners 15 

CANALS: 

Right  of  way  for  ..... ....  29,  34 

Kurht  to  enlarge  existing  Canal-  .   .  •  

Must  pay  damages 

Tiim  -when  to  enlarge 29 

Must  be  kept  in  it-pair             32 

Liability  of  joint  owner 32 

Penalty  for  interfering  with         •••... 34 

CERTIFICATE  OF  APPROPRIATION: 

To  contain 27 

rop.vcm  <ili-  in  State  Kngineer's  office 28 

To  be  recorded 2H 


45 

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TERTIFICATE  OP  WATER  RIGHT: 

When  issued.   .    •      . 13 

Contents  of 13 

To  be  recorded .       .-.,        13 

Copy  to  State  Engineer 13 

CONSERVATION   COMMISSION: 

Duty  with  respect  to  water  supply  of  State  .   •    41 

DAMS : 

Examining  and  approving  plans  and  specifications  for 5 

Inspection  of  during  construction 5 

May  require  alterations  in 6 

Failure  to  comply,  misdemeanor ...••••        ...  6 

Examination  on  request,  cost  of  and  how  paid 6 

National  Government  exempt 6 

DAMSITES: 

Survey  of  by  State  Engineer 5 

DECREE : 

Entered  to  determine  rights  of  all  claimants  in  adjudication  of  stream  12 

Must  contain     .    .    ..... 12 

May  be  aprealed  from 13 

DISTRICT  COURT: 

Jurisdiction  of,  in  adjudication  of  Water  Rights 7 

State  Engineer  may  submit  applications  to  for  instructions  as  to 

final  disposition  of 23 

DITCHES;  (See  canals) 

DIVERTING  WORKS: 

Examination  and  inspection  of 


May  require  changes  or  alterations  in     ...............  6 

National  Government  exempt  •   -...•-..''    ..........  6 

Penalty  for  interfering  with  ............          ........  34 

EMINENT  DOMAIN  ........  ..................  29 

EVAPORATION  : 

Water  Commissioner  to  determine  loss  of  water,  through    ......  19 

EXTENSION  OF  TIME: 

State  Engineer  may  grant  ......................  24 

FEES: 

Examining  and  approving  plans  and  specifications  for  dams     ....  37 

Inspecting  diverting  works  by  request     ..............  37 

Applications  for  water  ......................  37 

Proof  of  Appropriation    ............       .           ........  38 

Approving  applications  ....................    ...  38 

Issuing  certificates  of  appropriation    .   .                     •   •    .   .  .  .....  38 

Filing  notices  of  protests     ......    .....       .   .....       ...  33 

Filing  other  papers    •          .......  .  .  ..............  38 

For  certified  copy  of  any  paper    ..................  88 

For  blue  print  copy    ..................    .......  38 

For  each  certificate    ........................  38 

FILED  ; 

Meaning  of,  defined    ..........................  36 

HEADGATES: 

Water  Commissioner  may  require  installation  of  suitable  headgates  17 

Appropriators  must  maintain  .....................  31 

State  Engineer  to  furnish  plans  and  bill  of  material  for    .      .....  31 

Penalty  for  interfering  with  ..........  .   .    ..........  34 

HYDROGRAPHIC  SURVEYS  : 

To  be  made  by  State  Engineer     ....    ..........   .....  4 


Notice  of  such  survey  to  be  given 

Make  survey  of  damsites  and  reservoir  sites 


46 

Page 
IRRIGATION : 

Applications  for  water  for,  must  contain     ...         20 

IRRIGATION   COMPANIES: 

May  take  stock  in  similar  companies •   • 32 

Dissolution  of  .   •  ...  36 

Unaffected  by  repeal  of  1888  Statute     35 

IRRIGATION  AND  WATER  RIGHTS  COMMISSION  : 

Created,  membership,  purpose,  powers  and  duties .        38 

Appropriation    for 39 

JOINT  USERS: 

Of  hydraulic  structures  liable  for  repairs 32 

LAND: 

Water  rights  appurtenant  to,  when     33 

MAINTENANCE : 

Liability  of  joint  users  of  canal,  dam.  or  other  hydraulic  structure     •         32 

MAPS: 

On  file  in  State  Engineer's  office  open  to  public 4 

To  accompany  Proof  of  Completion  of  Works •   •       •         26 

To  accompany  Proof  of  Beneficial  Use  of  Water    .   .  .   .          .   .         27 

Of  National  Government,  accepted 27 

MEASUREMENT: 

Standard  of     .....                                          28 

MINING- 

Applications  for  water  must  contain    ...             ...            20 

NATIONAL  GOVERNMENT: 

Plans  and  specifications  of,  exempt  from  examination  and  approval  6 

Constrution  work  exempt  from  State  supervision  ...  6 

M  ay  co-operate  with 5 

Maps  and  plans  to  be  accepted 27 

NOTICE:  . 

Publication  of  applications    ........... 21 

Cf  Proof  of  Completion  of  Works  due 26 

Of  Proof  of  Beneficial  Use  due 27 

OATH: 

Of  State  Engineer -4 

OFFICE : 

Of  State  Engineer 4 

PLACE  OF  USE: 

Application  for  change  in 21,  30 

PLANS: 

And  specifications  of  dams  to  be  examined  and  approved 

Of  National  Government  exempt  from  examination  and  approval 

Of  National  Government  to  be  accepted 27 

POINT  OF  DIVERSION: 

Must  be  described  with  reference  to  Government  Land  Corner   or 

Mineral  Monument       20 

Reservoir  dam  considered  point  of  diversion 

Application  for  change  of 21,30 

Must  contain 

Who  may  change 30 

POWER : 

Application  for  water  must  contain      . .         20 


47 


Page 
POWERS  AND  DUTIES: 

State  Engineer .  .  3,4.5 

Water  Commissioners 15,  16 

PRIORITY: 

Amontr  appropriates  . .   -   .  19,  31 

How  determined .         . 28 

Postponement  of  •   •                  27 

PROTEST : 

Against  granting  of  application. 22 

RECEIVED: 

Meaning  of,  defined 38 

RECLAMATION  SERVICE: 

Maps  and  plans  of,  to  be  accepted  .  .  .  .  27 

RECORDS  &  MAPS  OP  STATE  ENGINEER'S  OFFICE  OPEN  TO  PUBLIC  4 
REFEREE: 

Appointed  in  connection  with  the  adjudication  of  Water  Rights  •   .  10 

To  take  testimony                                     ...         .             10 

Objection  to  appointment,  how  made .  10 

Oath  of        .   .                                                             10 

Power  of         •   •                                  ... 10 

May  allow  amendments  to  statement  of  water  claims     ....          .  n 

2iay  take  testimony  a- convenient  places 11 

Must  give  notice  of  time  and  place  of  taking  testimony 11 

May  subpoena  witnesses            ...          ....             12 

Must  Report  findings  to  court 12 

Draw  up  decree 12 

REPEAL: 

Irrigation  districts  unaffected  by  .   • 35 

Limitations  on,  and  effect  of 36 

RESERVOIR : 

Owner  of,  may  be  required  to  maintain  suitable  measuring  devices  on  17 

Land  inundated  described  in  applications  for 21 

RESERVOIR   DAMS: 

Plans  and  specifications  for.  to  be  examined  and  approved    •   •    .  .  .  5 

Considered  as  point  of  diversion 21 

RESERVOIR  SITES: 

Surveys  of,  by  State  Engineer 5 

RIGHT  OF  WAY; 

For  Irrigation  canals,  etc. .       29 

To  enlarge  existing  canal 29 

Penalty  for  obstruction  of 34 

SALARY: 

State  Engineer     •      . 3 

Water  Commissioners 16 

SEEPAGE : 

Water  Commissioner  to  determine  loss  in  stream        .........  19 

STATE  ENGINEER: 

How  appointed     ...             3 

Term  of  office                        3 

Qualifications    .   .             .   .       3 

Powers  and  Duties  of    •      3,4,5 

Salary               3 

Oath  and  Bond  of    .   .              . .  .  4 

Office  at  Capitol                                               4 

Report  biennially  to  Governor •••....  4 

Examine  and  approve  plant*  and  specifications  for  dams.  .   .              .  5 


48 

Page 

Examine  dams  on  request 

Examine  and  inspect  construction  of  diverting  works •   •  6 

Seal  of .  .  5 

To  bring  action  for  adjudication  of  water  rights    •   •  •  •       .   .   • 

Tabulate  Claims  of  Water  Claimants 

Pass  on  applications  to  appropriate  water    ...  20,  28 

May  grant  extension  of  time  on  applications  to  appropriate  water  -  24 

Legal  advisors  of 34 

May  employ  assistants,  purchase  equipment,  etc 34 

WATER : 

Public  property ...-•-... 28 

Standard  of  Measurement  28 

M  ay  be  commingled  and  recovered 31 

WATER  COMMISSIONERS: 

Appointment  and  term  of 15 

Bond  of     ... .  15 

Powers  and  duties  of «•   •           15 

Appeal  to  State  Engineer  from  decision  of .  .    •  •  16 

Compensation  of                                       16 

Appointment  of  assistants  and  compensation  of 16 

To  begin  work  on  written  demand  Of  appropriators 

May  make  arrests  ...                         ...             •   •  17 

May  require  installation  of  suitable  headgates  and  measuring  devices 

by  appropriators     ...             .   .   .                                  ...  17 

Failure  to  install  such  measuring  devices,  penalty           18 

Make  report  to  State  Engineer 18 

Shall  divide  water  upon    request   of   joint   owners   in    case    of    dis- 
agreement                      •   •          18 

To  determine  loss  of  water  in  stream  from  seepage  and  evaporation  -  18 

WATER  DISTRICTS: 

How  created .      14 

WATER  RIGHTS  : 

Appurtenant  to  land  under  Government  works     33 

May  be  transferred,  when 

Appurtenant  to  land  pass  with  land    •   •                                              .  .  33 

Transferred  by  deed •   •       33 

Must  be  recorded .... .   .  33 

Failure  to  record  voids  deed.  .  .           34 


